Generally, Arkansas has no law requiring the removal of firearms from persons who have become prohibited from possessing them. However, Arkansas law authorizes criminal courts to issue a no contact order, which may include a prohibition against firearms possession, to a defendant in a criminal proceeding if it appears that a danger exists that the defendant will commit a serious crime, seek to intimidate a witness, or otherwise unlawfully interfere with the orderly administration of justice.1
A person arrested for a violation of trafficking of persons, § 5-18-103, kidnapping, § 5-11-102, or false imprisonment in the first degree, § 5-11-103, or an offense that involves the taking of a minor or holding a minor without consent, shall not be granted bail before the person agrees to a no contact order with the victim and to relinquish firearms for the duration of the no contact order. A judge may waive these conditions, however, if doing so would not result in an increased risk to the community or an increased risk of flight by the defendant.2
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Contact- Ark. Code Ann. § 16-85-714. See also Ark. Code Ann. § 5.73.110 (stating that nothing in Ark. Code Ann. §§ 16-85-101 – 65-85-109 shall be construed to prohibit a law enforcement officer from disarming a minor or a person who reasonably appears to be mentally defective or otherwise mentally irresponsible).[↩]
- Ark. Code Ann. § 16-84-117(b), (c).[↩]