(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. (3) (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. (6) (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.
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