Can an Arkansas adult give a firearm to a minor, and what facts matter?
Apply this to your situation
This page answers the general question as of 2017. Ask about yours and see what current Arkansas law means for your facts, with citations you can check.
Plain-English summary
Representative Kim Hammer asked whether an adult could furnish a handgun or other weapon to a minor "for any purpose or function." Attorney General Leslie Rutledge said the question could not be answered with a simple yes or no. The outcome depends on the weapon, the consent given, the minor's conduct, and any applicable defenses.
The AG identified three relevant statutes. Under Ark. Code Ann. § 5-73-109, furnishing a firearm or other deadly weapon to a minor without consent from a parent, guardian, or other person responsible for the minor's general supervision is a crime. The opinion describes a Class A misdemeanor for the general offense and a Class B felony when the weapon is one of the specified types, including a handgun.
Ark. Code Ann. § 5-73-119(a)(1) generally prohibits a person under 18 from possessing a handgun. The AG noted that the statute has "certain very important exceptions," but she did not list or interpret them. She also explained that an adult who knowingly aids, causes, or encourages a minor to possess a handgun in violation of that prohibition may be prosecuted for contributing to the delinquency of a minor under Ark. Code Ann. § 5-27-209.
The AG mentioned that defenses, including constitutional issues, could depend on the surrounding facts. She did not decide whether a particular transfer or activity was lawful.
What this means for you
If you are deciding whether to provide a weapon to a minor, this opinion does not approve any activity in general. Identify the weapon, who gave consent, whether the minor would possess a handgun, and the facts relevant to any statutory exception or defense. The AG expressly declined to resolve a generic scenario.
Currency note
The opinion was issued in 2017. Check current Arkansas statutes and any applicable defenses before making a decision about a specific transfer or possession.
Common questions
Q: Does parental consent settle the whole issue?
A: The furnishing statute the AG quoted requires specified consent. She also identified a separate prohibition on minors possessing handguns and a possible contributing-to-delinquency offense for an adult who knowingly helps a minor violate it. She did not decide a particular case.
Q: Which activities fall under the handgun-possession exceptions?
A: This opinion does not say. The AG noted that § 5-73-119 has "certain very important exceptions" without naming them. The legality of a specific activity requires examining the applicable law and facts.
Q: Is furnishing any firearm to a minor a felony?
A: No. The opinion says the furnishing offense is generally a Class A misdemeanor when the required consent is absent. It lists specified weapons, including a handgun, for which the offense is a Class B felony.
Q: Could an adult face a delinquency charge for helping a minor possess a handgun?
A: The AG said an adult who knowingly aids, causes, or encourages possession in violation of § 5-73-119(a)(1) is subject to prosecution under § 5-27-209. Whether the minor's possession violates the statute depends on the facts and any applicable exception.
Q: Did the AG resolve a Second Amendment defense?
A: No. She said constitutional issues might arise depending on the circumstances and left any such defense for a specific case.
Background and statutory framework
The opinion separates the adult's act of furnishing a weapon from a minor's possession of a handgun. The first is addressed by § 5-73-109 and its consent language. The second is addressed by § 5-73-119(a)(1), which the AG quoted as stating: "No person in this state under the age of eighteen (18) years shall possess a handgun." § 5-27-209 can become relevant when an adult knowingly helps the minor do a prohibited act. The AG emphasized that applying these laws and defenses requires particular facts.
Source
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain, the linked landing page is authoritative.
Opinion No. 2017-049
June 6, 2017
The Honorable Kim Hammer
State Representative
[address redacted]
Benton, AR
Dear Representative Hammer:
This is in response to your request for my opinion on the following question:
Is it legal or permissible for an adult to furnish or provide a handgun or weapon of any kind to a minor for any purpose or function?
Response
This question cannot be answered with a simple "yes" or "no." It implicates several criminal statutes (and potential defenses to such statutes) whose application depends upon the particular surrounding facts and circumstances. It might also, depending upon the surrounding facts and circumstances, implicate Second Amendment issues. I therefore cannot offer a definitive response to your generic inquiry. I will, however, point out the generally applicable law for your guidance.
Furnishing a firearm or other deadly weapon to a minor without appropriate consent is a criminal offense under Ark. Code Ann. § 5-73-109:
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.
This offense is classified as a Class A misdemeanor, unless the deadly weapon is one of the following, in which case it is a Class B felony:
(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 firearm that has been specially made or specially adapted for silent discharge;
(E) A machine gun;
(F) An explosive or incendiary device, as defined in § 5-71-301;
(G) Metal knuckles;
(H) A defaced firearm, as defined in § 5-73-107; or
(I) Another implement for the infliction of serious physical injury or death that serves no common lawful purpose.
Another potentially relevant statute establishes the Class A misdemeanor offense of "contributing to the delinquency of a minor." An adult commits this offense if, apart from other conduct not directly relevant to your question, he "knowingly aids, causes, or encourages a minor to ... [d]o any act prohibited by law[.]" In this regard, it is particularly relevant to note that possession of a handgun as a minor, with certain very important exceptions, is prohibited by Ark. Code Ann. § 5-73-119(a)(1): "No person in this state under the age of eighteen (18) years shall possess a handgun." An adult who "knowingly aids, causes, or encourages" a minor to possess a handgun in violation of § 5-73-119(a)(1) is consequently subject to prosecution under Ark. Code Ann. § 5-27-209 ("contributing to the delinquency of a minor").
The foregoing should be of some guidance in addressing your question concerning the legality of furnishing a handgun or other weapon to a minor. Application of the statutes discussed above (and defenses to such statutes, including any constitutional issues) will, however, ultimately depend upon the particular surrounding facts and circumstances.
Sincerely,
Leslie Rutledge
Attorney General
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