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Arkansas Code Annotated

Ark. Code Ann. § 5-73-109 (2020)

Furnishing a deadly weapon to a minor

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  1. A person commits the offense of furnishing a deadly weapon to a minor if he or she 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 the minor's welfare.
    1. Furnishing a deadly weapon to a minor is a Class A misdemeanor.
    2. However, furnishing a deadly weapon to a minor is a Class B felony if the deadly weapon is:
      1. A handgun;
      2. An explosive or incendiary device, as defined in § 5-71-301;
      3. Metal knuckles;
      4. A defaced firearm, as described in § 5-73-107; or
      5. Another implement for the infliction of serious physical injury or death that serves no lawful purpose.

History. Acts 1975, No. 280, § 3109; A.S.A., 1947, § 41-3109; Acts 1994 (2nd Ex. Sess.), No. 45, § 1; 2019, No. 495, § 2; 2019, No. 1051, § 2.

A.C.R.C. Notes. Pursuant to § 1-2-207(b), subsection (b) of this section is set out as amended by Acts 2019, No. 1051, § 2. Acts 2019, No. 495, § 2, amended subsection (b) of this section to read as follows:

“(b)(1) Furnishing a deadly weapon to a minor is a Class A misdemeanor.

“(2) However, furnishing a deadly weapon to a minor is a Class B felony if the deadly weapon is:

“(A) A handgun;

“(B) A sawed-off or short-barrelled shotgun, as defined in § 5-1-102;

“(C) A sawed-off or short-barrelled rifle, as defined in § 5-1-102;

“(D) A machine gun;

“(E) An explosive or incendiary device, as defined in § 5-71-301;

“(F) Metal knuckles;

“(G) A defaced firearm, as defined in § 5-73-107; or

“(H) Another implement for the infliction of serious physical injury or death that serves no lawful purpose.”

Amendments. The 2019 amendment by No. 495 deleted former (b)(2)(D) and redesignated the remaining subdivisions accordingly; and deleted “common” preceding “lawful” in (b)(2)(H).

The 2019 amendment by No. 1051 deleted former (b)(2)(B) through (b)(2)(E) and redesignated the remaining subdivisions accordingly; substituted “described” for “defined” in (b)(2)(D); and deleted “common” preceding “lawful” in (b)(2)(E).

Cross References. Contributing to delinquency of a minor, § 5-27-209.

Case Notes

Applicability.

This section applies to adults and minors; a minor is a “person” within the meaning of this section. Allstate Ins. Co. v. Burrough, 120 F.3d 834 (8th Cir. 1997).

Cited: Allstate Ins. Co. v. Burrough, 914 F. Supp. 308 (W.D. Ark. 1996).

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1996–2024 · leading case: Allstate Ins. v. Burrough, 914 F. Supp. 308 (W.D. Ark. 1996).
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Allstate Ins. v. Burrough, 914 F. Supp. 308 (W.D. Ark. 1996). · cites it 6× “§ 5-73-109. The criminal acts exclusion applies so long as the insured engages in conduct which is described as criminal in the penal code, “regardless of whether or not such insured person is actually charged with, or convicted of a crime.”
Rocky Mountain Gun Owners v. Polis, 121 F.4th 96 (10th Cir. 2024). “For example, these jurisdictions currently set the minimum age to purchase a handgun or long gun to 18: Alabama (Ala. Code §§ 13A-11-57, 13A-11-76); Alaska ( Alaska Stat.”
Allstate Ins. Co. v. Garnette Bell, No. 96-1330 (8th Cir. July 23, 1997). · cites it 2× “22 caliber handgun to Hauser, a violation of § 5-73-109(a) was defined as a Class A misdemeanor, see Ark. Code Ann. § 5-73-109 (b), punishable by up to one year in prison.”
Ark. Code Ann. § 5-73-109(a): 1 case
Allstate Ins. v. Burrough, 914 F. Supp. 308 (W.D. Ark. 1996). “§ 5-73-109. The criminal acts exclusion applies so long as the insured engages in conduct which is described as criminal in the penal code, “regardless of whether or not such insured person is actually charged with, or convicted of a crime.”
Ark. Code Ann. § 5-73-109(b): 1 case
Allstate Ins. v. Burrough, 914 F. Supp. 308 (W.D. Ark. 1996). “§ 5-73-109. The criminal acts exclusion applies so long as the insured engages in conduct which is described as criminal in the penal code, “regardless of whether or not such insured person is actually charged with, or convicted of a crime.”
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