H.B.
295
WEAPONS LAW EXEMPTIONS
House Floor
Amendments
Amendment 2 February 11, 2014 5:10 PM
Representative Richard A. Greenwood
proposes the following amendments:
1. Page
2, Lines 31 through 41
House Committee Amendments
2-7-2014
:
31
(1) As used in this section
{
,
}
:
(a) "Dangerous weapon" means an item that in the manner of its use or intended use is capable of
causing death or serious bodily injury. The following factors shall be used in determining whether an
item, object, or thing is a dangerous weapon:
(i) the character of the instrument, object, or thing;
(ii) the character of the wound produced, if any; and
(iii) the manner in which the instrument, object, or thing was exhibited or used.
(b) "Threatening manner"
{
"threatening manner"
}
does not include:
32
{
(a)
}
(i)
the possession of a dangerous weapon, whether visible or concealed, without
33
additional behavior which is threatening; or
34
{
(b)
}
(ii)
informing another of the actor's possession of a deadly weapon in order to prevent
35
what the actor reasonably perceives as a possible use of unlawful force by the other and the
36
actor is not engaged in any activity described in Subsection
76-2-402
(2)(a).
37
(2) Except as otherwise provided in Section
76-2-402
and for those persons
38
described in Section
76-10-503
, a person who H. [[] , in the presence of two or more
38a
persons, []] and not amounting to a violation of Section 76-5-103, .H
39
draws or exhibits a dangerous weapon
{
as defined in Section
76-1-601
}
in an angry and
40
threatening manner or unlawfully uses a dangerous weapon in a fight or quarrel is guilty of a
41
class A misdemeanor.
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