(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 II restricted person participating in prohibited dangerous weapon conduct if the actor: (a) is a category II restricted person; and (b) intentionally or knowingly: (i) purchases a dangerous weapon; (ii) transfers a dangerous weapon; (iii) uses a dangerous weapon; or (iv) carries or otherwise possesses a dangerous weapon. (3) (a) A violation of Subsection (2) is a class A misdemeanor if the dangerous weapon is not a firearm. (b) A violation of Subsection (2) is a third 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) a prosecution under this section that is based on proving that an actor is a category II restricted person as a result of being in possession of a dangerous weapon while knowingly and intentionally being in unlawful possession of a schedule I controlled substance or a schedule II controlled substance as described in Subsection 76-11-303(6) that the actor was: (i) in possession of the controlled substance pursuant to a lawful order of a practitioner for use of a member of the person's household or for administration to an animal owned by the person or a member of the person's household; or (ii) otherwise authorized by law to possess the controlled substance; and (b) a prosecution for transferring a dangerous weapon by an actor under Subsection (2) that the dangerous weapon: (i) was possessed by the actor or was under the actor's custody or control before the actor became a restricted person; (ii) 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; (iii) is not being held as evidence by a court or law enforcement agency; (iv) was transferred to an individual not legally prohibited from possessing the weapon; and (v) 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 II 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 of 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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