Arkansas Code Annotated

Ark. Code Ann. § 5-73-101 (2026)

Definitions

✓ current as of May 2026

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As used in this chapter:

“Blasting agent” means any material or mixture consisting of fuel and oxidizer intended for blasting if the finished product as mixed for use or shipment cannot be detonated by means of a No. 8 test blasting cap when unconfined;
“Collegiate athletic event” means a sporting or athletic contest, event, or practice of an individual or team of individuals in which one (1) or more individuals or a team of individuals sponsored by, funded by, represented by, or associated with a public or private university, college, or community college competes against themselves or another individual or team of individuals;
“Contraband” means any explosive material that was used with the knowledge and consent of the owner to facilitate a violation of this subchapter, as well as any explosive material possessed under circumstances prohibited by law;
“Destructive device” means:
1. Any of the following:
  1. Any explosive, incendiary, or poison gas;
  2. Bomb;
  3. Grenade;
  4. Rocket having a propellant charge of more than four ounces (4 oz.);
  5. Missile having an explosive or incendiary charge of more than one-quarter ounce (.25 oz.);
  6. Mine; or
  7. Similar device; and
2. Any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subdivision (4)(A) of this section and from which a destructive device may be readily assembled for use as a weapon;
1. “Detonator” means any device containing any initiating or primary explosive that is used for initiating detonation.
2. A detonator may not contain more than ten grams (10g) of total explosives by weight, excluding ignition or delay charges, and may include, without limitation, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating cord delay connectors, and noninstantaneous and delay blasting caps that use detonating cord, shock tube, or any other replacement for electric leg wires;
“Distribute” means to sell, issue, give, transfer, or otherwise dispose of explosive material;
1. “Explosive” means any chemical compound mixture or device, the primary or common purpose of which is to function by explosion.
2. “Explosive” includes, without limitation:
  1. Dynamite and any other high explosive;
  2. Black powder;
  3. Pellet powder;
  4. An initiating explosive;
  5. A detonator;
  6. A safety fuse;
  7. A squib;
  8. A detonating cord;
  9. An igniter cord;
  10. An igniter;
  11. Any material determined to be within the scope of 18 U.S.C. § 841 et seq.; and
  12. Any material classified as an explosive other than consumer fireworks, 1.4 (Class C, Common), by the hazardous materials regulations of the United States Department of Transportation;
“Explosive material” means an explosive, blasting agent, or detonator;
“Instrument of crime” means anything manifestly designed, made, adapted, or commonly used for a criminal purpose;
“Minor” means any person under eighteen (18) years of age; and
“Violent felony conviction” means a conviction for any felony offense against the person which is codified in § 5-10-101 et seq., § 5-11-101 et seq., § 5-12-101 et seq., § 5-13-201 et seq., § 5-13-301 et seq., § 5-14-101 et seq., and § 5-14-201 et seq., or any other offense containing as an element of the offense one (1) of the following:
1. The use of physical force;
2. The use or threatened use of serious physical force;
3. The infliction of physical harm; or
4. The creation of a substantial risk of serious physical harm.

History. Acts 1975, No. 280, § 3101; A.S.A. 1947, § 41-3101; Acts 2001, No. 1430, § 1; 2005, No. 1226, § 1; 2017, No. 859, § 1.

Amendments. The 2001 amendment added present (10).

The 2005 amendment inserted present (1)-(7); and redesignated former (1)-(3) as present (8)-(10).

The 2017 amendment added the definition for “Collegiate athletic event”.

Effective Dates. Acts 2017, No. 859, § 10: Sept. 1, 2017.

Research References

Ark. L. Notes.

Leflar, Lawyers, Guns and Money: Some Practical Advice about Taking Security Interests in Firearms, 1998 Ark. L. Notes 55.

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Criminal Law, 24 U. Ark. Little Rock L. Rev. 429.

Survey of Legislation, 2005 Arkansas General Assembly, Criminal Law, 28 U. Ark. Little Rock L. Rev. 335.

Case Notes

Violent Felony Conviction.

Circuit court properly sentenced defendant as a habitual offender to 12 years' imprisonment for possession of a firearm by certain persons, Class B felony, because defendant's prior federal conviction for aggravated assault qualified as a “prior violent felony conviction” under this section and § 5-73-103; assault with a dangerous weapon in the federal statute, 18 U.S.C. § 113, met the “serious physical force” requirement in subdivision (11)(B) of this section because the threat of bodily impact, restraint, or confinement when committed with a dangerous weapon is a threat of serious force. Seyller v. State, 2019 Ark. App. 423, 586 S.W.3d 685 (2019).

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1996–2024 · leading case: Husia Harkuf v. Leah Marony, Records Supervisor, Arkansas Dep't of Corr. Dexter Payne, Dir., Arkansas Dep't of Corr., 2022 Ark. 55 (Ark. 2022).

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Husia Harkuf v. Leah Marony, Records Supervisor, Arkansas Dep't of Corr. Dexter Payne, Dir., Arkansas Dep't of Corr., 2022 Ark. 55 (Ark. 2022). “Harkuf maintains that the definition of a crime of violence as an act of knowingly discharging a firearm from a vehicle as set forth in section 5-74-103 takes precedence over section 16-93- 609, which defines a violent felony as including the reckless discharge of a firearm. In…”

Gary G. Seyller, Jr. v. State of Arkansas, 2019 Ark. App. 423 (Ark. Ct. App. 2019). · cites it 11× “Appellant’s counsel responded that Ark. Code Ann. § 5-73-101 (11) requires the prior conviction to have one of the four elements set out in section 5-73-101(11)(A)–(D) as an element of the offense and that the facts related to the prior conviction do not matter.”

Allstate Ins. v. Burrough, 914 F. Supp. 308 (W.D. Ark. 1996). “A person commits the offense of furnishing a deadly weapon to a minor when he sells, barters, leases, gives, rents, or otherwise furnishes a firearm or other deadly weapon to a minor without the consent of a parent, guardian or other person responsible for general supervision of…”

Richard Jerome McClure, Jr. v. State of Arknsas, 2024 Ark. App. 487 (Ark. Ct. App. 2024). · cites it 2× “Ark. Code Ann. § 5-73-101 (13) (Supp. 2021).”

Ferguson v. State, 204 S.W.3d 113 (Ark. Ct. App. 2005). · cites it 2× “The “Note on Use” accompanying this instruction states that, if it is alleged that the prior felony was violent, the court should make the determination based on the definition of “violent felony” contained in Ark. Code Ann. § 5-73-101 (3) (1997). It logically follows that if…”

State v. Morgan, 271 S.W.3d 217 (Tenn. Crim. App. 2008). “See Ark.Code Ann. § 5-73-101(3); Cal.Penal Code § 12301(a); Colo.”

— Ark. Code Ann. § 5-73-101(11)(A) — 1 case

Gary G. Seyller, Jr. v. State of Arkansas, 2019 Ark. App. 423 (Ark. Ct. App. 2019). “Appellant’s counsel responded that Ark. Code Ann. § 5-73-101 (11) requires the prior conviction to have one of the four elements set out in section 5-73-101(11)(A)–(D) as an element of the offense and that the facts related to the prior conviction do not matter.”

— Ark. Code Ann. § 5-73-101(2) — 1 case

— Ark. Code Ann. § 5-73-101(3) — 1 case

State v. Morgan, 271 S.W.3d 217 (Tenn. Crim. App. 2008). “See Ark.Code Ann. § 5-73-101(3); Cal.Penal Code § 12301(a); Colo.”

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