5-73-103. Possession of firearms by certain persons.

   (a) Except as provided in subsection (d) of this section or unless authorized by and subject to such conditions as prescribed by the Governor, or his or her designee, or the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice, or other bureau or office designated by the United States Department of Justice, no person shall possess or own any firearm who has been:        

         (1) Convicted of a felony;              

         (2) Adjudicated mentally ill; or              

         (3) Committed involuntarily to any mental institution.              

   (b)

         (1) Except as provided in subdivisions (b)(2) and (3) of this section, a determination by a jury or a court that a person committed a felony constitutes a conviction for purposes of subsection (a) of this section even though the court suspended imposition of sentence or placed the defendant on probation.              

         (2) Subdivision (b)(1) of this section does not apply to a person whose case was dismissed and expunged under § 16-93-301 et seq. or § 16-98-303(g).              

         (3) The determination by the jury or court that the person committed a felony does not constitute a conviction for purposes of subsection (a) of this section if the person is subsequently granted a pardon explicitly restoring the ability to possess a firearm.              

   (c)

         (1) A person who violates this section commits a Class B felony if:              

               (A) The person has a prior violent felony conviction;                    

               (B) The person's current possession of a firearm involves the commission of another crime; or                    

               (C) The person has been previously convicted under this section or a similar provision from another jurisdiction.                    

         (2) A person who violates this section commits a Class D felony if he or she has been previously convicted of a felony and his or her present conduct or the prior felony conviction does not fall within subdivision (c)(1) of this section.              

         (3) Otherwise, the person commits a Class A misdemeanor.              

   (d) The Governor may restore without granting a pardon the right of a convicted felon or an adjudicated delinquent to own and possess a firearm upon the recommendation of the chief law enforcement officer in the jurisdiction in which the person resides, so long as the underlying felony or delinquency adjudication:        

         (1) Did not involve the use of a weapon; and              

         (2) Occurred more than eight (8) years ago.              


History..Acts 1975, No. 280, § 3103; 1977, No. 360, § 18; A.S.A. 1947, § 41-3103; Acts 1987, No. 74, § 1; 1994 (2nd Ex. Sess.), No. 63, § 1; 1995, No. 595, § 1; 1995, No. 1325, § 1; 2001, No. 1429, § 1; 2009, No. 1491, § 1.