Utah § 76-11-305 - Category I restricted person participating in prohibited dangerous weapon conduct.
Full text of Utah Utah Code § 76-11-305 — Category I restricted person participating in prohibited dangerous weapon conduct., with citation guidance and answers to common questions.
§ 76-11-305. Category I restricted person participating in prohibited dangerous weapon conduct.
Effective 5/7/2025 76-11-305.
Category I restricted person participating in prohibited dangerous weapon conduct.
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.
Section 76-11-305 ("Category I restricted person participating in prohibited dangerous weapon conduct.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 76-11-305?
A common citation format is "Utah Code § 76-11-305" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 76-11-305 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
