When can an Arkansas adult legally hand a gun to someone under 18, and when does it become a crime?

Plain-English summary

State Representative Kim Hammer asked the AG a deceptively simple question: is it legal in Arkansas for an adult to give a gun to a minor for any purpose? AG Leslie Rutledge declined to give a yes-or-no answer because the question's outcome depends entirely on the facts: which weapon, with whose consent, in what setting, and what the minor does with it.

The opinion walked through the three Arkansas statutes that govern the situation:

1. Furnishing a deadly weapon to a minor (§ 5-73-109). Selling, trading, lending, giving, renting, or "otherwise furnishing" a firearm or deadly weapon to anyone under 18 without consent of a parent, guardian, or other person responsible for the minor's general supervision is a crime. It is a Class A misdemeanor for ordinary firearms; it jumps to a Class B felony if the weapon is a handgun, sawed-off shotgun or rifle, silenced firearm, machine gun, explosive or incendiary device, metal knuckles, defaced firearm, or any other implement that "serves no common lawful purpose."

2. Minor handgun possession (§ 5-73-119). Subject to exceptions (hunting under AGFC rules, certified hunter-safety courses, school-approved courses or sporting activities involving firearms, lawful recreational shooting under adult supervision, and others), no one under 18 may possess a handgun in Arkansas.

3. Contributing to the delinquency of a minor (§ 5-27-209). Knowingly aiding, causing, or encouraging a minor to do an act prohibited by law is a Class A misdemeanor. Combined with § 5-73-119, this means an adult who helps a minor possess a handgun in a way that does not fit one of § 5-73-119's exceptions can be charged with contributing to delinquency.

The AG also flagged that depending on the facts, Second Amendment defenses may also be in play.

Currency note

This opinion was issued in 2017. 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

Q: Can an Arkansas parent give their teenager a gun?
A: Under the law as the AG described it in 2017, yes for most firearms, with two big caveats. § 5-73-109 only prohibits furnishing a deadly weapon to a minor "without the consent of a parent, guardian, or other person responsible for general supervision," so a parent's own consent solves that statute. But for handguns specifically, § 5-73-119 separately prohibits the minor from possessing the handgun at all, except in narrow circumstances (hunting under AGFC rules, certified hunter safety courses, school-approved sporting activities, and lawful recreational shooting under direct adult supervision). A parent who hands their minor a handgun outside those exceptions could face a contributing-to-delinquency charge under § 5-27-209.

Q: Was a hunting trip with a parent always covered by the exceptions?
A: The opinion identifies hunting under AGFC rules, certified hunter safety courses, and recreational shooting under the direct supervision of "[a] parent, legal guardian, or other person twenty-one (21) years of age or older standing in loco parentis" as recognized exceptions to § 5-73-119. So a parent supervising a recreational shoot or an AGFC-rule-compliant hunt would generally fit. The AG framed these as "circumstances under which it is permissible to carry a handgun"; the actual contours of each exception come from the statute itself.

Q: Why is § 5-73-109 a felony for handguns but a misdemeanor for long guns?
A: The legislature chose to grade the offense by weapon type. Section 5-73-109(b)(2) lists nine categories of weapons, including handguns, sawed-off long guns, silenced firearms, machine guns, explosives, metal knuckles, defaced firearms, and "another implement for the infliction of serious physical injury or death that serves no common lawful purpose," for which providing the weapon to a minor without parental consent jumps from a Class A misdemeanor to a Class B felony. The grading reflects how the General Assembly weighed the relative danger.

Q: Does parental consent override the handgun-possession ban?
A: Not on its own. Section 5-73-109's parental-consent shield handles only the "furnishing" offense. Section 5-73-119's prohibition on minor handgun possession is a separate statute and only the listed exceptions in § 5-73-119(e) cover it. A parent who provides a handgun to their child in a non-exempt setting may avoid § 5-73-109 liability but still expose themselves to § 5-27-209 contributing-to-delinquency charges if the child possesses the handgun in violation of § 5-73-119.

Q: What is "contributing to the delinquency of a minor"?
A: Per § 5-27-209(a)-(b), it is a Class A misdemeanor for an adult to "knowingly aid, cause, or encourage a minor to do any act prohibited by law." Knowingly means the adult is aware of the conduct or attendant circumstances (Ark. Code Ann. § 5-2-202(2)). Pairing a knowing-handover with the underlying handgun-possession ban in § 5-73-119(a)(1) supplied the AG's contributing-to-delinquency hook.

Q: How did the Second Amendment come into the analysis?
A: The AG flagged it briefly: depending on the surrounding facts, the constitutional right to keep and bear arms may complicate enforcement. The opinion did not analyze any specific Second Amendment claim; it simply preserved the issue.

Background and statutory framework

The 2017 inquiry came at a moment when Arkansas's juvenile firearms statutes had layered up over many sessions, and members of the public were asking ordinary questions like "can I take my grandson dove hunting with my old .22?" or "can I let my niece shoot at the range?" The AG's answer, properly hedged, was: read all three statutes together. Section 5-73-109 governs the act of giving the weapon. Section 5-73-119 governs the minor's possession of the handgun. Section 5-27-209 catches the adult who knowingly helps the minor do something forbidden by law.

Each statute has internal definitions that matter. "Minor" is anyone under 18 (§ 5-73-101(9)). "Firearm" is "any device designed, made, or adapted to expel a projectile by the action of an explosion or any device readily convertible to that use" (§ 5-1-102(6)(A)). "Deadly weapon" includes both firearms and "anything that in the manner of its use or intended use is capable of causing death or serious physical injury" (§ 5-1-102(4)). The handgun possession exceptions in § 5-73-119(e) include hunting under AGFC rules, hunter safety classes, school-approved sporting activities involving firearms, and recreational shooting under the supervision of a parent, legal guardian, or someone twenty-one or older in loco parentis.

The opinion is best read as a roadmap for analyzing facts rather than a rule. Many real cases turn on whether parental consent existed (was it real, knowing, contemporaneous?), whether the activity fit one of § 5-73-119's exceptions (were AGFC rules followed; was the supervisor old enough; was the venue a "school-approved educational course"?), and whether prosecutors saw the conduct as serious enough to charge.

Citations and references

Statutes:

• Ark. Code Ann. § 5-73-109, furnishing a deadly weapon to a minor
• Ark. Code Ann. § 5-73-119, minor in possession of a handgun (and exceptions)
• Ark. Code Ann. § 5-27-209, contributing to the delinquency of a minor
• Ark. Code Ann. § 5-73-101(9), definition of minor
• Ark. Code Ann. § 5-1-102(4) and § 5-1-102(6), definitions of deadly weapon and firearm
• Ark. Code Ann. § 5-2-202(2), definition of "knowingly"

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

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