Q: Can a felon contest firearm theft charge, claiming inheritance rights in Arkansas?

A: Intestate Succession does not prevent a firearm disability from generating criminal possession of a firearm. Whatever change in AR might help later, but right now it does not. He needs an AR attorney to represent him, as he might question the intent element enough for a favorable resolution. There are also federal laws.

A: In Arkansas, even if your husband is the next of kin to the firearms, his felony conviction complicates matters significantly. Under state and federal law, individuals with felony convictions are generally prohibited from possessing firearms, regardless of inheritance rights. The fact that the firearms were not mentioned in the probate process and there was no will does not override this restriction on his ability to possess them.

You can contest the charge in court, but your husband's felony status will likely prevent him from legally claiming possession of the firearms, even if he is the rightful heir. The court will likely consider his criminal history and the state's laws regarding felon firearm possession.

Your best option may be to consult with a criminal defense attorney who can explore the nuances of this case, including whether his conviction could be addressed in light of the inheritance, and whether there might be any other legal avenues available. The legal challenges are significant, but an attorney can provide more specific guidance based on the full facts of the case.