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Arkansas State NFA Rules and Allowable NFA Items

Arkansas laws regarding machine guns are confusing, the Arkansas Uniform Machine Gun Act states that it is illegal to possess a machine gun “for an offensive or aggressive purpose”. It is anybody’s guess what that actually means, and is subject to broad interpretation. So possession of a machine gun in Arkansas may be tricky. NOTE: Before attempting to possess a machine gun in Arkansas you should contact an attorney licensed to practice in the state of Arkansas to clarify what the law really means. 

Possession of NFA items:

5-73-104. Criminal use of prohibited weapons.

 (a) A person commits the offense of criminal use of prohibited weapons if, except as authorized by law, he or she uses, possesses, makes, repairs, sells, or otherwise deals in any:

  • (1) Bomb;
  • (2) Machine gun;
  • (3) Sawed-off shotgun or rifle;
  • (4) Firearm specially made or specially adapted for silent discharge;
  • (5) Metal knuckles; or
  • (6) Other implement for the infliction of serious physical injury or death.
  • (c) (1) Criminal use of prohibited weapons is a Class B felony if the weapon is a bomb, machine gun, or firearm specially made or specially adapted for silent discharge.

    (2) Otherwise, criminal use of prohibited weapons is a Class D felony.

     5-73-205. Presumption of offensive or aggressive purpose.

    (a) Possession or use of a machine gun is presumed to be for an offensive or aggressive purpose:

    (1) When the machine gun is on premises not owned or rented for bona fide permanent residence or business occupancy by the person in whose possession the machine gun may be found;

    (2) When in the possession of or used by an unnaturalized foreign-born person or a person who has been convicted of a crime of violence in any court of record, state or federal, of the United States of America, its territories or insular possessions;

    (3) [Repealed.]

    (4) When empty or loaded pistol shells of 30 (.30 in. or 7.63 mm.) or larger caliber which have been or are susceptible of use in the machine gun are found in the immediate vicinity of the machine gun.

    (b) A machine gun is exempt from the presumption of offensive or aggressive purpose if:

    (1) The machine gun has been registered to a corporation in the business of manufacturing ammunition or a representative of the corporation under the National Firearms Act, 26 U.S.C. § 5801 et seq., or the Gun Control Act, 18 U.S.C. § 921 et seq.;

    (2) The machine gun is being used primarily to test ammunition in a nonoffensive and nonaggressive manner by the corporation or the corporation's representative that the machine gun is registered to; and

    (3) The corporation or the corporation's representative is not prohibited from the possession of a firearm by any state or federal law.

     

    The Arkansas Uniform Machine Gun Act:

    5-73-201. Title.?? this subchapter may be cited as the "uniform machine gun act".

    5-73-202. Definitions.?? as used in this subchapter:

    (1) "crime of violence" means any of the following crimes or an attempt to commit any of them:?

    (a) murder;??(b) manslaughter;?(c) kidnapping;?(d) rape;?(e) mayhem;??(f) assault to do great bodily harm;??(g)robbery;?(h) burglary;?(i) housebreaking;(j) breaking and entering; and?? (k) larceny;??

    (2) "machine gun" means a weapon of any description by whatever name known, loaded or unloaded, from which more than five (5) shots or bullets may be rapidly, or automatically, or semi-automatically, discharged from a magazine, by a single function of the firing device; and??

    (3) "person" includes a firm, partnership, association, or corporation.??history: acts 1935, no. 80, § 1; pope's dig., § 3514; a.s.a. 1947, § 41-3157.

    5-73-203. Uniformity of interpretation.?? this subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.??history: acts 1935, no. 80, § 11; pope's dig., § 3524; a.s.a. 1947, § 41-3166.

    5-73-204. Possession or use for offensive or aggressive purposes unlawful.?? possession or use of a machine gun for offensive or aggressive purpose is declared to be a crime punishable by imprisonment in the state penitentiary for a term of not less than ten (10) years.

    5-73-205. Presumption of offensive or aggressive purpose.?? (a) possession or use of a machine gun is presumed to be for an offensive or aggressive purpose:??

    (1) when the machine gun is on premises not owned or rented for bona fide permanent residence or business occupancy by the person in whose possession the machine gun may be found;??

    (2) when in the possession of or used by an unnaturalized foreign-born person or a person who has been convicted of a crime of violence in any court of record, state or federal, of the united states of america, its territories or insular possessions;??

    (3) [repealed.]??

    (4) when empty or loaded pistol shells of 30 (.30 in. Or 7.63 mm.) Or larger caliber which have been or are susceptible of use in the machine gun are found in the immediate vicinity of the machine gun.??(b) a machine gun is exempt from the presumption of offensive or aggressive purpose if:??

    (1) the machine gun has been registered to a corporation in the business of manufacturing ammunition or a representative of the corporation under the national firearms act, 26 u.s.c. § 5801 et seq., or the gun control act, 18 u.s.c. § 921 et seq.;??

    (2) the machine gun is being used primarily to test ammunition in a nonoffensive and nonaggressive manner by the corporation or the corporation's representative that the machine gun is registered to; and??

    (3) the corporation or the corporation's representative is not prohibited from the possession of a firearm by any state or federal law.??history: acts 1935, no. 80, § 4; pope's dig., § 3517; a.s.a. 1947, § 41-3160; acts 2003, no. 1352, § 1; 2007, no. 827, § 97.

    5-73-206. Evidence of possession or use.?? the presence of a machine gun in any room, boat, or vehicle is evidence of the possession or use of the machine gun by each person occupying the room, boat, or vehicle where the machine gun is found.??history: acts 1935, no. 80, § 5; pope's dig., § 3518; a.s.a. 1947, § 41-3161.

    5-73-207. Manufacture for military, nonaggressive, or nonoffensive use.?? nothing contained in this subchapter prohibits or interferes with:??

    (1) the manufacture for and sale of machine guns to the military forces or the peace officers of the united states or of any political subdivision of the united states, or the transportation required for that purpose;??

    (2) the possession of a machine gun for scientific purpose, or the possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament, or keepsake; or??

    (3) the possession of a machine gun other than one adapted to use pistol cartridges of 30 (.30 in. Or 7.63 mm.) Or larger caliber, for a purpose manifestly not aggressive or offensive.??history: acts 1935, no. 80, § 6; pope's dig., § 3519; a.s.a. 1947, § 41-3162.

    5-73-208. Registration by manufacturers.?? (a) every manufacturer shall keep a register of all machine guns manufactured or handled by the manufacturer.??(b) this register shall show:??

    (1) the model and serial number, date of manufacture, sale, loan, gift, delivery, or receipt, of every machine gun, the name, address, and occupation of the person to whom the machine gun was sold, loaned, given, or delivered, or from whom it was received; and??

    (2) the purpose for which it was acquired by the person to whom the machine gun was sold, loaned, given, or delivered, or from whom received.??(c) upon demand every manufacturer shall permit any marshal, sheriff, or police officer to inspect the manufacturer's entire stock of machine guns, parts, and supplies therefor, and shall produce the register, required by this section, for inspection.??(d) a violation of this section is a violation punishable by a fine of not less than one hundred dollars ($100).??history: acts 1935, no. 80, § 7; pope's dig., § 3520; a.s.a. 1947, § 41-3163; acts 2009, no. 748, § 41.

    5-73-210. Search warrants. warrant to search any house or place and seize any machine gun adapted to use pistol cartridges of 30 (.30 in. Or 7.63 mm ) or larger caliber possessed in violation of this subchapter may issue in the same manner and under the same restrictions as provided by law for stolen property, and any court of record upon application of the prosecuting attorney shall have jurisdiction and power to order any illegal machine gun, thus legally seized, to be confiscated and either destroyed or delivered to a law enforcement officer of the state or a political subdivision of the state.??history: acts 1935, no. 80, § 9; pope's dig., § 3522; a.s.a. 1947, § 41-3165; acts 2005, no. 1994, § 247.

    5-73-211. Perpetrating or attempting crime.

    Possession or use of a machine gun in the course of a criminal offense is a class a felony.

    History: acts 1935, no. 80, § 2; pope's dig., § 3515; a.s.a. 1947, § 41-3158; acts 2005, no. 1994, § 414.

    Legal Disclaimer:

    This information is provided as a service to the public. It is NOT intended as legal advice and should never be considered as such. This information was up to date at the time of publication.

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