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GENERAL PRACTICE LAW FIRM

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No Armor For You (Felon)

Posted on January 7, 2013 at 11:54 AM Comments comments (95)
It is illegal under Arkansas law for a person convicted of the following crimes to possess body armor (bullet proof body armor to be specific):

  (1) Capital murder, § 5-10-101;

   (2) Murder in the first degree, § 5-10-102;

   (3) Murder in the second degree, § 5-10-103;

   (4) Manslaughter, § 5-10-104;

   (5) Aggravated robbery, § 5-12-103;

   (6) Battery in the first degree, § 5-13-201; or

   (7) Aggravated assault, § 5-13-204.

Furthermore it is illegal under federal law for a felon to possess body armor if the felony was:
(1) a crime of violence (as defined in section 16); or
(2) an offense under State law that would constitute a crime of violence under paragraph (1) if it occurred within the special maritime and territorial jurisdiction of the United States.

So remember, if you have a felony within the categories listed (either under federal or Arkansas law) you cannot possess body armor (of the bullet proof variety). Relevant statutes listed below.

Arkansas Code Annotated
5-79-101.  Criminal possession of body armor.

  (a) No person may possess body armor if that person has been found guilty of or has pleaded guilty or nolo contendere to any of the following offenses:
   (1) Capital murder, § 5-10-101;
   (2) Murder in the first degree, § 5-10-102;
   (3) Murder in the second degree, § 5-10-103;
   (4) Manslaughter, § 5-10-104;
   (5) Aggravated robbery, § 5-12-103;
   (6) Battery in the first degree, § 5-13-201; or
   (7) Aggravated assault, § 5-13-204.
(b) As used in this section, "body armor" means any material designed to be worn on the body and to provide bullet penetration resistance.
(c) A violation of this section constitutes a Class A misdemeanor.

18 U.S.C. § 931 : US Code - Section 931: 
Prohibition on purchase, ownership, or possession of body armor by violent felons

(a) In General. - Except as provided in subsection (b), it shall be unlawful for a person to purchase, own, or possess body armor,if that person has been convicted of a felony that is -(1) a crime of violence (as defined in section 16); or
(2) an offense under State law that would constitute a crime of violence under paragraph (1) if it occurred within the special maritime and territorial jurisdiction of the United States.(b) Affirmative Defense. -
(1) In general. - It shall be an affirmative defense under this section that -
(A) the defendant obtained prior written certification from his or her employer that the defendant's purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity; and
(B) the use and possession by the defendant were limited to the course of such performance.
(2) Employer. - In this subsection, the term "employer" means any other individual employed by the defendant's business that supervises defendant's activity. If that defendant has no supervisor, prior written certification is acceptable from any other employee of the business.

This blog is not legal advice, but a general explanation of the law that is not specific to your case, if you have one. If you have questions concerning your rights, a recent police interaction or any other legal issue please contact either General Practice Law Firm or another attorney for a proper application of the law to your case.

Misdemeanor Conviction = No Guns For Life

Posted on December 31, 2012 at 12:56 PM Comments comments (124)
Many people do not know this, but it is unlawful for any person who has been convicted of a misdemeanor crime of domestic violence (in Arkansas the most common misdemeanor domestic violence crime is domestic battery in the third degree), to possess a firearm. This is a federal statute, which means that it supersedes any relevant state statute to the contrary. What the statute means is that if a person has been found guilty or have plead guilty/no contest to a crime of domestic violence (even a misdemeanor) that person has lost the right to possess a fire arm for life. Also if a person is currently subject to an order of protection, it is unlawful for that person to possess a firearm. Finally there is no legal duty for a prosecutor to reveal this consequence to a person during or after any investigation/plea/trial. The relevant statutes are below:

18 U.S.C. § 922 
(g) It shall be unlawful for any person -
(8) who is subject to a court order that -
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

This blog is not legal advice, but a general explanation of the law that is not specific to your case, if you have one. If you have questions concerning your rights, a recent police interaction or any other legal issue please contact either General Practice Law Firm or another attorney for a proper application of the law to your case.