H.B. 268
1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill exempts archery equipment from the definition of dangerous weapon.
10 Highlighted Provisions:
11 This bill:
12 . exempts archery equipment from the definition of dangerous weapon when being
13 used for hunting or recreation.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 76-10-501 , as last amended by Laws of Utah 2013, Chapters 278 and 301
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 76-10-501 is amended to read:
24 76-10-501. Definitions.
25 As used in this part:
26 (1) (a) "Antique firearm" means:
27 (i) any firearm, including any firearm with a matchlock, flintlock, percussion cap, or
28 similar type of ignition system, manufactured in or before 1898; or
29 (ii) a firearm that is a replica of any firearm described in this Subsection (1)(a), if the
30 replica:
31 (A) is not designed or redesigned for using rimfire or conventional centerfire fixed
32 ammunition; or
33 (B) uses rimfire or centerfire fixed ammunition which is:
34 (I) no longer manufactured in the United States; and
35 (II) is not readily available in ordinary channels of commercial trade; or
36 (iii) (A) that is a muzzle loading rifle, shotgun, or pistol; and
37 (B) is designed to use black powder, or a black powder substitute, and cannot use fixed
38 ammunition.
39 (b) "Antique firearm" does not include:
40 (i) a weapon that incorporates a firearm frame or receiver;
41 (ii) a firearm that is converted into a muzzle loading weapon; or
42 (iii) a muzzle loading weapon that can be readily converted to fire fixed ammunition by
43 replacing the:
44 (A) barrel;
45 (B) bolt;
46 (C) breechblock; or
47 (D) any combination of Subsection (1)(b)(iii)(A), (B), or (C).
48 (2) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
49 within the Department of Public Safety.
50 (3) (a) "Concealed dangerous weapon" means a dangerous weapon that is:
51 (i) covered, hidden, or secreted in a manner that the public would not be aware of its
52 presence; and
53 (ii) readily accessible for immediate use.
54 (b) A dangerous weapon is not a concealed dangerous weapon if it is a firearm which is
55 unloaded and is securely encased.
56 (4) "Criminal history background check" means a criminal background check
57 conducted by a licensed firearms dealer on every purchaser of a handgun, except a Federal
58 Firearms Licensee, through the bureau or the local law enforcement agency where the firearms
59 dealer conducts business.
60 (5) "Curio or relic firearm" means a firearm that:
61 (a) is of special interest to a collector because of a quality that is not associated with
62 firearms intended for:
63 (i) sporting use;
64 (ii) use as an offensive weapon; or
65 (iii) use as a defensive weapon;
66 (b) (i) was manufactured at least 50 years before the current date; and
67 (ii) is not a replica of a firearm described in Subsection (5)(b)(i);
68 (c) is certified by the curator of a municipal, state, or federal museum that exhibits
69 firearms to be a curio or relic of museum interest;
70 (d) derives a substantial part of its monetary value:
71 (i) from the fact that the firearm is:
72 (A) novel;
73 (B) rare; or
74 (C) bizarre; or
75 (ii) because of the firearm's association with an historical:
76 (A) figure;
77 (B) period; or
78 (C) event; and
79 (e) has been designated as a curio or relic firearm by the director of the United States
80 Treasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C.F.R. Sec. 478.11.
81 (6) (a) "Dangerous weapon" means an item that in the manner of its use or intended use
82 is capable of causing death or serious bodily injury.
83 (b) The following factors shall be used in determining whether a knife, or another item,
84 object, or thing not commonly known as a dangerous weapon is a dangerous weapon:
85 (i) the character of the instrument, object, or thing;
86 (ii) the character of the wound produced, if any;
87 (iii) the manner in which the instrument, object, or thing was used; and
88 (iv) the other lawful purposes for which the instrument, object, or thing may be used.
89 (c) "Dangerous weapon" does not include:
90 (i) an explosive, chemical, or incendiary device as defined by Section 76-10-306 [
91 (ii) archery equipment when being used for hunting or recreation.
92 (7) "Dealer" means a person who is:
93 (a) licensed under 18 U.S.C. Sec. 923; and
94 (b) engaged in the business of selling, leasing, or otherwise transferring a handgun,
95 whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
96 (8) "Enter" means intrusion of the entire body.
97 (9) "Federal Firearms Licensee" means a person who:
98 (a) holds a valid Federal Firearms License issued under 18 U.S.C. Sec. 923; and
99 (b) is engaged in the activities authorized by the specific category of license held.
100 (10) (a) "Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle or
101 short barreled rifle, or a device that could be used as a dangerous weapon from which is
102 expelled a projectile by action of an explosive.
103 (b) As used in Sections 76-10-526 and 76-10-527 , "firearm" does not include an
104 antique firearm.
105 (11) "Firearms transaction record form" means a form created by the bureau to be
106 completed by a person purchasing, selling, or transferring a handgun from a dealer in the state.
107 (12) "Fully automatic weapon" means a firearm which fires, is designed to fire, or can
108 be readily restored to fire, automatically more than one shot without manual reloading by a
109 single function of the trigger.
110 (13) (a) "Handgun" means a pistol, revolver, or other firearm of any description, loaded
111 or unloaded, from which a shot, bullet, or other missile can be discharged, the length of which,
112 not including any revolving, detachable, or magazine breech, does not exceed 12 inches.
113 (b) As used in Sections 76-10-520 , 76-10-521 , and 76-10-522 , "handgun" and "pistol
114 or revolver" do not include an antique firearm.
115 (14) "House of worship" means a church, temple, synagogue, mosque, or other
116 building set apart primarily for the purpose of worship in which religious services are held and
117 the main body of which is kept for that use and not put to any other use inconsistent with its
118 primary purpose.
119 (15) "Prohibited area" means a place where it is unlawful to discharge a firearm.
120 (16) "Readily accessible for immediate use" means that a firearm or other dangerous
121 weapon is carried on the person or within such close proximity and in such a manner that it can
122 be retrieved and used as readily as if carried on the person.
123 (17) "Residence" means an improvement to real property used or occupied as a primary
124 or secondary residence.
125 (18) "Securely encased" means not readily accessible for immediate use, such as held
126 in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other
127 storage area of a motor vehicle, not including a glove box or console box.
128 (19) "Short barreled shotgun" or "short barreled rifle" means a shotgun having a barrel
129 or barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or barrels
130 of fewer than 16 inches in length, or a dangerous weapon made from a rifle or shotgun by
131 alteration, modification, or otherwise, if the weapon as modified has an overall length of fewer
132 than 26 inches.
133 (20) "State entity" means a department, commission, board, council, agency,
134 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
135 unit, bureau, panel, or other administrative unit of the state.
136 (21) "Violent felony" has the same meaning as defined in Section 76-3-203.5 .
Legislative Review Note
as of 1-15-14 6:42 AM