House of Representatives
State of Utah
February 21, 2014
Madam Speaker:
The Judiciary Committee reports a favorable recommendation on 1st Sub. H.B. 268,
DANGEROUS WEAPONS AMENDMENTS, by Representative B. Greene, with the following
amendments:
violent
Kay L. McIff
Voting: 6-2-1
1. Page
1, Lines 9 through 16
:
9
This bill redefines dangerous weapon
and exempts
}
, clarifies restrictions
relating to dangerous weapons, and establishes exemptions for the use of
archery equipment
{
from the
10
definition
}
11
Highlighted Provisions:
12
This bill:
13
. defines dangerous weapon as a firearm or an object which is used unlawfully to
14
inflict serious bodily injury;
15
.
exempts archery equipment, including crossbows, from the definition of
dangerous
16
weapon
}
2. Page
4, Lines 88 through 101
:
88
(6) (a) "Dangerous weapon" means:
89
(i) a firearm; or
90
(ii) an
item
}
object
that in the manner of its
{
unlawful
}
use or
intended
{
unlawful
}
use is capable
91
of causing death or serious bodily injury.
92
(b) The following factors [shall be] are used in determining whether [a knife, or
93
another item] any
instrument,
}
object
{
, or thing
}
[not commonly known as
a dangerous weapon]
94
other than a firearm is a dangerous weapon:
95
(i) the
character of the instrument,
}
location and circumstances in which
the
object
{
, or thing
}
was used or possessed;
(ii) the primary purpose for which the object was made
96
(ii)
}
(iii)
the character of the wound, if any, produced[, if any] by
{
its
}
the object's
unlawful use;
97
(iii)
}
(iv)
the manner in which the
{
instrument,
}
object
{
, or
thing
}
was unlawfully used; and
98
(iv)
}
(v)
the [other] lawful purposes for which the
{
instrument,
}
object
{
, or thing
}
may be used.
99
(c) Unless specifically identified elsewhere in this code, nothing other than a
firearm is
100
considered a de facto dangerous weapon, and a determination made pursuant to
Subsection
101
(6)(b) may be made only after an instrument, object or thing is used in an unlawful
manner.
}
3. Page
6, Line 179 through Page 7, Line 187
:
179
(b) physically possesses, uses, or has under the person's immediate custody or
control
180
any dangerous weapon other than a firearm
while committing any felony or other
violent
181
criminal offense
}
182
(3) A Category II restricted person who intentionally or knowingly:
183
(a) purchases, transfers, possesses, uses, or has under the person's custody or
control[:
184
(a)] any firearm is guilty of a third degree felony; or
185
(b) physically possesses, uses, or has under the person's immediate custody or
control
186
any dangerous weapon other than a firearm
while committing any felony or other
187
criminal offense
}
4. Page
9, Lines 266 through 268
:
266
(2) It is not a violation of
this chapter
}
Subsection 76-10-503(2) or (3)
for a person
defined in Section 76-10-503(1)
to own, possess, or have under the
267
person's custody or control, archery equipment, including crossbows, for the purpose of
lawful
268
hunting
or
}
and lawful
target shooting.
Respectfully,
Committee Chair
3 HB0268.HC1.wpd 2/21/14 5:36 pm chelsealloyd/CBL ECM/CBL
Bill Number
*HB0268S01*
HB0268S01