What are some defenses to prohibited weapons laws?

On Behalf of | Feb 4, 2021 | Weapons Crimes |

According to Arkansas law, some weapons are too deadly for citizens to own. Examples include bombs, metal knuckles and automatic weapons. Except in a case that involves metal knuckles possession, violating a prohibited weapons law can result in a felony charge. 

Fortunately, state law describes some defenses to these prohibited weapons laws. If you meet the described criteria, it should be hard for law enforcement to levy a forbidden weapon charge against you. 

Professionals who use prohibited weapons

Some professions allow you to use a prohibited weapon as part of the job. These occupations typically involve dangerous work like serving as a police officer or someone who has to guard dangerous criminals. According to state law, these jobs include the following: 

  • Law enforcement officers 
  • Prison guards 
  • Prosecuting attorneys 
  • Deputy prosecuting attorneys 

Arkansas law also names people who are members of the U.S. armed forces. A soldier may offer a defense of using a prohibited weapon while acting within the scope of his or her duty. 

Specific maintenance and sale of weapons

It is also possible for you to offer up a defense if you are not a part of the aforementioned professions. You may work as part of a company that manufactures, repairs or transports prohibited weapons to legitimate authorities who use them. According to section 5-73-105 of Arkansas law, these authorities include any law enforcement agency or the armed forces. 

Additionally, section 5-73-104(b) states that someone may repair, make, sell or simply possess a prohibited weapon in such a way that nullifies any chance that a person could use the weapon as a weapon. So even if you do not manufacture or repair a weapon for the police or the military, the law might still grant you further leeway.