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Arkansas Code Annotated

Ark. Code Ann. § 5-73-107 (2020)

Possession of a defaced firearm

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. A person commits the offense of possession of a defaced firearm if he or she knowingly possesses a firearm with a manufacturer's serial number or other identification mark required by law that has been removed, defaced, marred, altered, or destroyed.
  2. It is a defense to a prosecution under this section that:
    1. The person reported the possession to the police or other governmental agency prior to arrest or the issuance of an arrest warrant or summons; or
    2. The firearm was manufactured prior to January 1, 1968.
    1. Possession of a defaced firearm is a Class D felony.
    2. However, possession of a defaced firearm is a Class A misdemeanor if the manufacturer's serial number or other identification mark required by law is merely covered or obstructed, but still retrievable.

History. Acts 1975, No. 280, § 3107; A.S.A. 1947, § 41-3107; Acts 1995, No. 1202, § 1; 2017, No. 73, § 1.

Amendments. The 2017 amendment redesignated part of former (b) as (b)(1); and added (b)(2).

Case Notes

Construction.

Defendant may be guilty of criminal use of a prohibited weapon under § 5-73-104 but innocent of possession of a defaced firearm under this section. Bridges v. State, 327 Ark. 392, 938 S.W.2d 561 (1997).

Evidence Sufficient.

Sufficient evidence supported defendant's conviction of felony, rather than misdemeanor, possession of a defaced firearm; it was irrelevant that there was another retrievable serial number on the gun because the outer serial number was defaced, it was not “merely covered or obstructed”, and furthermore, defendant admitted he possessed a firearm with a defaced outer serial number. Jimmerson v. State, 2019 Ark. App. 578, 590 S.W.3d 764 (2019).

Firearm Enhancement.

Firearm enhancement, pursuant to subsection (a) of § 16-90-120, of defendant's conviction under this section for possessing a defaced firearm was not an illegal sentence, even though the underlying conviction necessarily involved the possession of a firearm. Hinton v. State, 2015 Ark. 479, 477 S.W.3d 517 (2015).

Notes of Decisions
Cited in 3 cases, 1997–2019 · leading case: Hinton v. State, 2015 Ark. 479, 477 S.W.3d 517.
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Hinton v. State, 2015 Ark. 479, 477 S.W.3d 517. · cites it 6× “§ 5-73-107 is an illegal sentence, and we affirm on this point.”
Markell Jimmerson v. State of Arkansas, 2019 Ark. App. 578, 590 S.W.3d 764. · cites it 5× “Ark. Code Ann. § 5-73-107 (a) (Supp. 2013).”
Bridges v. State, 938 S.W.2d 561 (Ark. 1997). · cites it 2× “1993) was inconsistent with its verdict that he was innocent of possession of a defaced firearm under Ark. Code Ann. § 5-73-107 (Repl. 1993). At trial, Bridges did not contest that the serial number on the sawed-off shotgun had been removed.”
Ark. Code Ann. § 5-73-107(c)(2): 1 case
Markell Jimmerson v. State of Arkansas, 2019 Ark. App. 578, 590 S.W.3d 764. “Ark. Code Ann. § 5-73-107 (a) (Supp. 2013).”
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