2010 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare
Chapter 74 - Gangs
Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act
§ 5-74-106 - Simultaneous possession of drugs and firearms.

5-74-106. Simultaneous possession of drugs and firearms.

(a) No person shall unlawfully commit a felony violation of 5-64-401 or unlawfully attempt, solicit, or conspire to commit a felony violation of 5-64-401 while in possession of:

(1) 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.

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

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

(d) 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.

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