76-11-305. Category I restricted person participating in prohibited dangerous weapon conduct.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)Terms defined in Sections 76-1-101.5 , 76-11-101 , and 76-11-301 apply to this section.

(2)An actor commits category I restricted person participating in prohibited dangerous weapon conduct if the actor:

(a)is a category I restricted person; and

(b)intentionally or knowingly:

(i)agrees, consents, offers, or arranges to:

(A)purchase a dangerous weapon;

(B)transfer a dangerous weapon;

(C)use a dangerous weapon; or

(D)carry or otherwise possess a dangerous weapon; or

(ii)purchases, transfers, uses, carries, or otherwise possesses a dangerous weapon.

(a)A violation of Subsection

(2)is a third degree felony if the dangerous weapon is not a firearm.

(b)A violation of Subsection

(2)is a second degree felony if the dangerous weapon is a firearm.

(4)For purposes of this section, using a dangerous weapon includes using an antique firearm for an activity regulated under Title 23A, Wildlife Resources Act.

(5)It is an affirmative defense to a prosecution for transferring a dangerous weapon by an actor under Subsection

(2)that the dangerous weapon:

(a)was possessed by the actor or was under the actor's custody or control before the actor became a restricted person;

(b)was not used in or possessed during the commission of a crime or subject to disposition under Title 77, Chapter 11a, Part 4, Disposal of Seized Property and Contraband;

(c)is not being held as evidence by a court or law enforcement agency;

(d)was transferred to an individual not legally prohibited from possessing the weapon; and

(e)unless a different time is ordered by the court, was transferred within 10 days after the day on which the actor became a restricted person.

(a)It is not a violation of this section for an actor who is a category I restricted person to own, carry, or otherwise possess, archery equipment, including crossbows, for the purpose of lawful hunting and lawful target shooting.

(b)Notwithstanding Subsection (6)(a) , this section applies if the owning, carrying, or otherwise possessing archery equipment, including crossbows, is prohibited by:

(i)a court, as a condition of pre-trial release or probation; or

(ii)the Board of Pardons and Parole, as a condition of parole.

Enacted by Chapter 208 , 2025 General Session