Can a convicted felon in Arkansas own and use a crossbow for hunting?
Plain-English summary
Representative Jeff Wardlaw asked the AG whether a convicted felon can own and use a crossbow for hunting in Arkansas. The AG said yes, with two important caveats: the felon must have completed their sentence and not be on probation or parole; and all hunting licensure requirements must still be satisfied.
The legal reasoning is straightforward. Arkansas law prohibits convicted felons from possessing or owning a "firearm" under § 5-73-103(a)(1). The statutory definition of "firearm" requires that the device "expel a projectile by the action of an explosive." A crossbow uses mechanical tension (a drawn cord and limbs), not an explosive, to propel an arrow. Therefore, a crossbow is not a "firearm" under Arkansas law, and the felon-in-possession ban doesn't reach it.
The AG also confirmed that the Arkansas Game and Fish Commission has not adopted any rule barring convicted felons from hunting with a crossbow. The result aligns with a 1989 AG opinion (Op. 89-370) that reached the same conclusion for hunting with a bow and arrow.
The probation/parole caveat matters. Conditions of probation or parole are imposed individually and may include restrictions on weapons, including hunting weapons. A felon on supervision should consult their probation or parole officer (and ideally an attorney) before assuming the right to own or hunt with a crossbow.
Currency note
This opinion was issued in 2021. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Common questions
What about a black-powder rifle or muzzle-loader?
Different analysis. Those use an explosive propellant (gunpowder), so they meet the statutory definition of "firearm." The felon-in-possession ban applies. This opinion is specifically about crossbows.
What about a pellet gun or air rifle?
Air-powered weapons use compressed air, not an explosive. Under the AG's reasoning, they would also not meet the "firearm" definition. But the AG didn't specifically address them, and the analysis depends on the exact device. Consult an attorney for a specific weapon.
Can I buy a crossbow at a sporting goods store?
The federal background check at retail purchase is for "firearms" under federal law. A crossbow is not a federal firearm either, so a background check is not required. The retailer can sell to anyone who meets the store's policies.
Does it matter what kind of felony I was convicted of?
For Arkansas's general felon-in-possession statute, the answer is no, because the statute applies to all convicted felons. There are exceptions for some felonies that don't trigger the ban, but those aren't the focus of this opinion. Crossbow ownership is permitted regardless of the underlying felony, subject to the probation/parole and other-law caveats.
What about other states?
This opinion only addresses Arkansas law. If you are traveling and hunting elsewhere, check the felon-in-possession definitions in that state. Some states define "firearm" more broadly to include any weapon designed to fire a projectile.
Background and statutory framework
Arkansas's felon-in-possession statute is codified at Ark. Code Ann. § 5-73-103(a)(1). It prohibits any person convicted of a felony from possessing or owning a "firearm," with certain exceptions not relevant here.
The statutory definition of "firearm" appears in § 5-1-102(6):
- (A) any device "designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use."
- (B) includes such devices that are unloaded or lack components rendering them immediately operable, and components that can be readily assembled into such a device.
The key phrase is "by the action of an explosive." A crossbow uses mechanical tension stored in flexed limbs and released through a trigger. That is not the action of an explosive. Therefore the crossbow is not within the definition.
The AG cited Op. 89-370 for the parallel conclusion about bows and arrows. Both opinions rest on the same statutory definition.
The Arkansas Game and Fish Commission regulates hunting through rules adopted under its constitutional authority. The AG noted that AGFC has not promulgated any rule barring convicted felons from hunting with a crossbow.
Citations
- Ark. Code Ann. § 5-73-103(a)(1) (felon in possession of firearm)
- Ark. Code Ann. § 5-1-102(6) (definition of "firearm")
- Op. Att'y Gen. 89-370 (bow and arrow analog)
- Op. Att'y Gen. 2005-253 (probation/parole conditions)
Source
Original opinion text
Opinion No. 2021-020
May 12, 2021
The Honorable Jeffrey Wardlaw
State Representative
3418 Highway 160 E
Hermitage, AR 71647-9054
Dear Representative Wardlaw:
This is in response to your request for an opinion on the following question concerning hunting weaponry and convicted felons:
May a convicted felon own, possess and utilize a crossbow for hunting purposes?
RESPONSE
The answer to this question is "yes," with the understanding that it is asked with respect to a convicted felon who has completed his sentence and is not on probation or parole. Any conditions for probation or for release on parole would need to be taken into consideration with respect to a convicted felon on probation or parole. This response also presupposes that all licensure requirements are met and that any other relevant provisions of law are complied with.
DISCUSSION
With certain exceptions that do not bear on your question, Arkansas law prohibits any person who has been convicted of a felony from possessing or owning a "firearm." The term "firearm" is defined as follows:
(A) "Firearm" means any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use.
(B) "Firearm" includes:
(i) A device described in subdivision (6)(A) of this section that is not loaded or lacks a clip or another component to render it immediately operable; and
(ii) Components that can readily be assembled into a device described in subdivision (6)(A) of this section.
A crossbow is not a "firearm" under this definition because it is not "designed, made, or adapted to expel a projectile by the action of an explosive." Thus, a convicted felon is not prohibited by the above statute from lawfully hunting with a crossbow. Moreover, according to my review, the Arkansas Game and Fish Commission has not promulgated any rules that would prohibit a convicted felon from hunting with a crossbow.
The answer to your question is, therefore, "yes," with the above understanding concerning probation or parole.
Sincerely,
LESLIE RUTLEDGE
Attorney General