HB1057
To Amend The Law Concerning Possession Of A Firearm By Certain Persons; And To Permit The Restoration Of The Right To Possess A Firearm To A Nonviolent Felon.
AI-Generated Summary
This bill proposes amendments to Arkansas law regarding the possession of firearms by certain individuals. It seeks to create a pathway for nonviolent felons to have their right to possess a firearm restored. Specifically, it amends existing statutes to allow for the restoration of firearm rights under certain conditions. The bill outlines two primary methods for restoration: through the Governor's recommendation, contingent on the felony not involving a weapon and occurring more than eight years prior, or through a petition to a circuit court. The court process requires the underlying felony to not be a serious violent offense, nor fall under a lengthy list of excluded felony categories. Additionally, a significant waiting period of at least ten years after sentence completion is mandated for court-granted restoration. The bill also modifies requirements for obtaining a concealed handgun license, creating exceptions for those whose firearm rights have been restored under the new provisions or whose prior felonies were excluded from the firearm prohibition. It aims to provide a structured process for individuals to regain their Second Amendment rights under specific, defined circumstances.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill would be individuals who have been convicted of a felony in Arkansas, excluding those with violent offenses or specific enumerated crimes, and who have completed their sentences. This includes nonviolent felons who wish to have their right to possess firearms restored. Additionally, individuals seeking to obtain a license to carry a concealed handgun would benefit if their past felony conviction falls under the categories now eligible for restoration of firearm rights, or if their offense is specifically listed as an exception to the general prohibition.
Who Might Suffer?
This bill would not directly negatively impact any specific groups or entities in terms of restricting their rights or imposing new burdens. However, it could be perceived as negatively impacting public safety by some, as it expands the ability for individuals with past felony convictions to potentially possess firearms. Law enforcement agencies and the courts would be impacted by the administrative requirements of processing petitions for firearm restoration and updating records. Furthermore, victims of crimes that are now eligible for firearm restoration might feel negatively impacted by the potential re-acquisition of firearms by individuals who previously committed offenses, even if those offenses were nonviolent.