Arkansas is a constitutional carry state, and Act 777 clarified that adults who can legally possess a firearm may carry it — openly or concealed — without a permit.
But major misunderstandings occur when it comes to firearm accessories, especially:
- Suppressors (silencers)
- Glock switches / auto sears
- Short-barreled rifles (SBRs)
- Short-barreled shotguns (SBSs)
Arkansas law is only one part of the equation. Federal law — especially the National Firearms Act (NFA) — still applies. Below is the current explanation of what is and isn’t lawful.
2026 Update
As of January 1, 2026, the federal “One Big Beautiful Bill Act” (OBBBA) reduced the $200 NFA tax stamp to $0 for suppressors, SBRs, SBSs, and AOWs. Registration with ATF is still required — only the tax was eliminated. Possession of unregistered NFA items remains a federal felony. Machine guns and destructive devices are not affected by this change.
1. Suppressors in Arkansas: Legal If Registered (NFA Still Applies)
Arkansas law permits ownership of suppressors. As of January 1, 2026, the federal $200 transfer tax on suppressors was eliminated under OBBBA — but the rest of the NFA framework remains intact.
Owning a suppressor legally still requires:
- Submission of ATF Form 4 (transfer) or Form 1 (manufacture)
- Fingerprinting
- Background check
- Registration of the suppressor
- Waiting for ATF approval before taking possession
$0 Tax Stamp Now in Effect
The financial barrier is gone, but the regulatory framework remains.
Unregistered Suppressors = Federal Felony
Up to 10 years federal prison, large fines, and a permanent firearm prohibition.
Constitutional Carry Doesn’t Override
Arkansas allows you to carry without a permit — it does not override federal NFA registration laws.
Some Second Amendment groups have filed legal challenges arguing that the registration requirement is unconstitutional now that the underlying tax is gone (e.g., Brown v. ATF, Jensen v. ATF). Those cases are pending — but until courts rule otherwise, registration remains legally required.
2. Glock Switches / Auto Sears: Almost Always Federal Felonies
A “Glock switch,” “auto sear,” or “Glock chip” is a small device that converts a semi-automatic Glock into a fully automatic weapon. Federal law treats a Glock switch as a machine gun — even by itself, even before installation.
Critical
Possessing an auto sear is the same as possessing a machine gun under federal law:
- Whether or not it’s installed
- Whether or not it’s operable
- Whether or not you knew it was illegal
Unlike suppressors and SBRs, machine guns (including auto sears) were not affected by the 2026 tax-stamp elimination. Civilian possession of post-1986 machine guns is essentially banned under the Hughes Amendment, and OBBBA did not change that.
Common Ways People Get Charged
- Ordering a switch online without understanding it’s illegal
- A switch found during a traffic stop
- Social media videos or posts depicting the device
- Someone else leaving it in a bag or car
- A friend giving one as a “novelty item”
- 3D-printed switches, which are increasingly common
Penalties
Federal prosecution typically carries:
- Up to 10 years in federal prison
- Seizure of all firearms
- Permanent loss of firearm rights
Arkansas law also criminalizes machine guns, but the federal government regularly takes these cases — and federal sentencing is often harsher than state.
3. Short-Barreled Rifles (SBRs) and Short-Barreled Shotguns (SBSs)
SBRs (rifles with barrels under 16 inches or overall length under 26 inches) and SBSs (shotguns with barrels under 18 inches or overall length under 26 inches) are NFA items. Like suppressors, the $200 tax stamp was reduced to $0 effective January 1, 2026 — but registration is still required.
In Arkansas, the following are lawful only if the owner complies with federal NFA requirements:
- SBRs
- SBSs
- Certain “Any Other Weapons” (AOWs)
Current requirements:
- ATF registration is required (Form 1 to manufacture/convert, Form 4 to transfer)
- ATF approval is required before possession
- Possession without approval is a federal felony
- The $0 tax stamp eliminates the financial cost but not the procedural requirements
More Arkansans are likely to lawfully own these items now that the tax is gone — but only if they follow the registration process. If someone builds or converts an SBR without ATF approval (even accidentally), that’s still treated as unregistered possession of an NFA item — a federal felony.
4. Simultaneous Possession (Guns + Controlled Substances): A Serious Arkansas Felony
One of the most misunderstood firearm-related charges in Arkansas is Simultaneous Possession of Drugs and Firearms under § 5-74-106 — a Class Y felony.
For accuracy:
- The charge requires controlled substances + a firearm
- It applies only to felony drug offenses (not misdemeanor possession)
- There is a statutory home defense — § 5-74-106(d) provides a defense if the defendant was at home and the firearm was not readily accessible for use
This is one of the harshest non-homicide offenses in Arkansas law and carries 10–40 years or life in prison. Even legally possessed guns can trigger this charge if the State alleges proximity to controlled substances during a traffic stop or other encounter.
5. Prohibited Persons: Constitutional Carry Does NOT Apply
Regardless of accessories, Arkansas constitutional carry does NOT authorize firearm possession by people who are legally barred under state or federal law.
Under Arkansas state law (§ 5-73-103), a person may not possess a firearm if they have been:
- Convicted of a felony
- Adjudicated mentally ill
- Involuntarily committed to a mental institution
Under federal law (18 U.S.C. § 922(g)), additional categories apply, including:
- Misdemeanor crime of domestic violence convictions (Lautenberg Amendment — lifetime ban)
- Subject to certain qualifying domestic violence protective orders
- Unlawful user of or addicted to a controlled substance (including marijuana, even where legalized at state level)
- Undocumented immigrants and certain visa holders
- Fugitives from justice
A felon-in-possession charge under § 5-73-103 carries tiered penalties:
| Circumstances | Charge Level |
|---|---|
| Prior violent felony, possession involves another crime, or repeat § 5-73-103 violation | Class B Felony |
| Prior felony, but circumstances don’t meet Class B criteria | Class D Felony |
| All other prohibited person categories | Class A Misdemeanor |
6. Federal vs. State Charges: Why These Cases Are High-Stakes
Many firearm-accessory cases start with Arkansas police or sheriff’s deputies, but quickly get referred to:
- ATF
- FBI
- U.S. Attorney’s Office for the Eastern or Western District of Arkansas
Cases involving Glock switches, unregistered suppressors, home-built SBRs, trafficking, or online orders frequently become federal prosecutions. Federal sentencing guidelines often carry harsher penalties than Arkansas state courts, and federal prison time is generally served at a higher percentage than state time even before the Protect Arkansas Act changes.
The Bottom Line
Even in a constitutional carry state like Arkansas:
- Suppressors remain NFA items and must be registered — even though the tax stamp is now $0
- Glock switches and auto sears are treated as machine guns — possession alone is a federal felony, and the 2026 tax change did not affect these items
- SBRs and SBSs still require ATF approval — only the tax was eliminated
- Guns + controlled substances = possible Class Y state charges with 10–40 years or life exposure
- Prohibited persons cannot possess firearms of any kind regardless of constitutional carry
Understanding these distinctions can prevent life-altering legal consequences. The federal/state overlap is what makes firearm-accessory cases so dangerous — what looks like a state issue can become a federal indictment within days.
Facing Firearm Accessory or NFA Charges?
Cases involving suppressors, switches, or unregistered NFA items often move quickly from state custody to federal indictment. You need an attorney who understands both Arkansas and federal law.
This post is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Wesley Rhodes, Attorney at Law. Laws and procedures change; the information above reflects Arkansas and federal law as of the date of publication, including the OBBBA changes effective January 1, 2026. If you need legal advice about your specific situation, consult a qualified criminal defense attorney promptly.
