Arkansas is a constitutional carry state. Under Act 746 of 2013 and the later clarification in Act 777 of 2023, adults who are legally allowed to possess a firearm may carry concealed or openly without a permit.
However — and this is critical — constitutional carry does NOT protect you from all firearm-related criminal charges. People in Arkansas are arrested every week for gun offenses that have nothing to do with permits. This post explains when carrying a firearm becomes a felony, even in a constitutional carry state.
Common Misconception
Constitutional carry is about permits — not about all the other rules that govern who can carry, what they can carry, where they can carry, and what happens when carrying overlaps with another offense. Most felony gun charges in Arkansas have nothing to do with whether the person had a permit.
1. Constitutional Carry ≠ Unlimited Carry
Under Arkansas law, you may carry a firearm without a license, but you can still be charged with serious offenses if:
- You are a prohibited person under state or federal law
- The firearm is possessed during certain crimes
- You carry in restricted locations
- The firearm is used unlawfully
- There is an allegation of purpose to unlawfully employ the weapon
These areas are the real sources of felony charges — not the act of carrying itself.
2. Simultaneous Possession of Drugs and Firearms — A Class Y Felony
Even with permitless carry, Arkansas aggressively prosecutes simultaneous possession under Ark. Code § 5-74-106. The statute applies when a person commits a felony violation of Arkansas’s controlled substances laws (§§ 5-64-419 through 5-64-442) while in possession of a firearm.
If you have drugs AND a firearm is in your possession or within easy reach during a felony drug offense, prosecutors can charge:
Class Y Felony
Simultaneous Possession of Drugs and Firearms
Punishable by 10 to 40 years or life in prison. One of the most serious non-homicide charges in Arkansas.
Two important nuances:
- Misdemeanor drug offenses don’t trigger this charge. § 5-74-106(c) explicitly excludes misdemeanor drug offenses — but very few drug offenses in Arkansas are misdemeanors.
- There’s a home defense. § 5-74-106(d) provides a statutory defense if the defendant was in their own home and the firearm was not readily accessible for use. This is a meaningful defense that doesn’t apply to roadside or public-place encounters.
3. Prohibited Persons Cannot Possess Firearms — Permit or Not
Constitutional carry does not change the rules for anyone who is legally barred from firearm possession. Under Arkansas state law (§ 5-73-103), a person may not possess a firearm if they have been:
- Convicted of a felony (including cases where sentence was suspended or the person was placed on probation)
- Adjudicated mentally ill
- Involuntarily committed to a mental institution
Federal law (18 U.S.C. § 922(g)) imposes additional, broader prohibitions. Under federal law, you may also be prohibited from possessing firearms or ammunition if you:
- Have been convicted of a misdemeanor crime of domestic violence (the Lautenberg Amendment) — a lifetime ban
- Are subject to certain qualifying domestic violence protective orders
- Are an unlawful user of, or addicted to, a controlled substance
- Are an undocumented immigrant
- Are a fugitive from justice
- Have renounced U.S. citizenship
A felon-in-possession charge under § 5-73-103 carries tiered penalties:
| Circumstances | Charge Level |
|---|---|
| Prior violent felony, OR possession involves another crime, OR prior firearm-element felony, OR prior conviction under § 5-73-103 | Class B Felony |
| Previously convicted of a felony, but circumstances don’t meet Class B criteria | Class D Felony |
| All other prohibited person categories | Class A Misdemeanor |
4. Restricted Locations Still Apply
Even lawful carriers cannot bring firearms into prohibited locations. Common restricted places include:
- Courthouses
- Police stations and other law enforcement facilities
- Prisons and jails
- Federal buildings
- Public schools (with limited statutory exceptions)
- Polling places on election day
- Certain posted private properties
Carrying into a prohibited place can lead to arrest, seizure of the weapon, and criminal charges — even when the carrier had every right to carry elsewhere. “I forgot it was in my car” is not a defense most prosecutors find compelling.
5. “Purpose to Unlawfully Employ” Is Still a Crime
Even with constitutional carry, if officers claim you possessed a firearm with the intent to use it unlawfully, you may face charges including:
Aggravated Assault
Pointing a firearm or creating substantial danger of death or serious physical injury — a Class D felony.
Terroristic Threatening
Threats of violence, especially when made while displaying a weapon — penalty depends on degree.
Possessing an Instrument of Crime
§ 5-73-102 — possessing a weapon with purpose to employ it criminally. Class A misdemeanor on its own; aggravating in other charges.
These charges often appear in road-rage, bar, and domestic-related cases — situations where a lawfully carried firearm becomes a felony exposure based on how the prosecution characterizes intent.
6. Self-Defense Still Applies — But Is Not Automatic
Arkansas recognizes:
- Stand Your Ground (Act 250 of 2021) — no duty to retreat when lawfully present, not the initial aggressor, and not engaged in criminal activity
- Justification for using deadly force in defined circumstances under § 5-2-607 — including imminent unlawful deadly force, certain violent felonies, arson, burglary, and imminent threats to life
However, even clear self-defense cases may start with an arrest. Police on-scene rarely have all the facts, and prosecutors regularly charge first and let the defense argue justification later. Your attorney must present the justification effectively — usually with body-cam, witness, and forensic evidence built quickly after the incident.
Constitutional Carry FAQ
Do I need a permit to carry in Arkansas?
No — not under Arkansas state law. Adults who are legally allowed to possess a firearm may carry concealed or openly without a permit, thanks to Act 746 of 2013 and Act 777 of 2023. However, you may still want a concealed carry license for reciprocity when traveling to other states and for certain employer-related purposes.
Can a felon ever legally possess a firearm in Arkansas?
Generally no — a felony conviction triggers both state (§ 5-73-103) and federal (18 U.S.C. § 922(g)) firearm prohibitions. Limited paths to restoration exist, including a gubernatorial pardon expressly restoring firearm rights, sealing under the Arkansas First Offender Act (§ 16-93-303), or sealing under certain drug court provisions. Federal restrictions may persist even after state restoration — anyone in this situation should consult an attorney before possessing a firearm.
What if I’m just transporting a gun in my car?
Constitutional carry generally allows a lawful possessor to transport a firearm in their vehicle. However, carrying with the purpose to unlawfully employ it remains a crime, and certain locations (school grounds, courthouses, etc.) remain prohibited regardless. Officers sometimes try to charge based on alleged “purpose” inferred from circumstances — having a defense attorney involved early matters.
Does constitutional carry apply to people from out of state?
Yes — Arkansas’s constitutional carry law applies to any person who is legally allowed to possess a firearm, regardless of residency. However, out-of-state visitors should be aware of Arkansas’s specific rules around restricted locations, simultaneous possession with drugs, and prohibited person categories.
If I’m carrying lawfully and an officer stops me, what should I do?
Calmly inform the officer that you are armed, follow their instructions, and don’t make sudden movements toward the firearm. Cooperation is your friend. You are not required to consent to a search of your vehicle or person, and beyond your identification you generally do not have to answer questions about where you’ve been or where you’re going without an attorney present.
Can I carry on private property if there’s a sign banning firearms?
Private property owners can prohibit firearms on their premises. Carrying a firearm onto posted private property where signs comply with applicable law can lead to criminal charges — especially in places like bars or restaurants serving alcohol.
I’m subject to a protective order — does it affect my gun rights?
Possibly — and the consequences are often more severe than people expect. Federal law generally prohibits firearm possession by people subject to certain qualifying domestic violence protective orders. Arkansas judges may also order surrender of firearms as a condition of release in some cases. Don’t assume your gun rights are unaffected just because the order seems narrow.
Can I legally have a gun while using marijuana?
No — federal law prohibits firearm possession by anyone who is an “unlawful user of or addicted to any controlled substance.” This includes marijuana, even in states where it’s legal — and the federal background check form (ATF Form 4473) explicitly asks about this. Combined with simultaneous possession exposure under Arkansas law, this is a particularly high-risk area.
The Bottom Line
Arkansas is a constitutional carry state — but constitutional carry doesn’t protect you from the felony gun charges that have nothing to do with permits. The real risks come from being a prohibited person, carrying during another offense, carrying in restricted locations, and being accused of unlawful purpose.
Misunderstandings lead to arrests every day. Lawful gun owners get charged with simultaneous possession when officers find a small amount of a controlled substance during a traffic stop. People who didn’t know about Lautenberg discover their domestic violence misdemeanor created a federal lifetime ban. Drivers carrying lawfully end up charged because of how prosecutors characterize their intent.
Facing a Firearm-Related Charge in Arkansas?
Constitutional carry is real — but the exceptions to it are where most charges happen. You need a lawyer who understands both the freedoms and the limits of Arkansas gun laws.
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. If you need legal advice about your specific situation, consult a qualified criminal defense attorney promptly.