Ark. Code Ann. § 5-74-106

Simultaneous possession of drugs and firearms

Applied in 38 court decisions — leading case Rowbottom v. State (2000)

Most recently applied in Kent Parris v. State of Arkansas (January 2026)

Acts 1993, No. 1002, § 1; 2007, No. 827, § 105; 2011, No. 570, § 70.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A person shall not unlawfully commit a felony violation of §§ 5-64-419 — 5-64-442 or unlawfully attempt, solicit, or conspire to commit a felony violation of §§ 5-64-419 — 5-64-442 while in possession of: A firearm; or

(2) Any implement or weapon that may be used to inflict serious physical injury or death, and that under the circumstances serves no apparent lawful purpose.

(3) Any person who violates this section is guilty of a Class Y felony.

(4) This section does not apply to a misdemeanor drug offense.

(5) It is a defense to this section that the defendant was in his or her home and the firearm or other implement or weapon was not readily accessible for use.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.