provides that a restricted person may own, possess, or have under the
person's custody or control, archery equipment, including crossbows, for the
purpose of lawful hunting and target shooting;
and
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 context 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
}
Whenever reasonably possible,
a determination made pursuant to Subsection
101
(6)(b)
{
may
}
shall
be made
{
only
}
after an
{
instrument,
}
object
{
or thing
}
is used in an unlawful
or threatening
manner.
3. Page
6, Line 179 through Page 7, Line 181
:
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
, or any action that constitutes a serious threat to public safety
is
guilty of a third degree felony.
4. Page
7, Lines 185 through 187
:
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 violent
187
criminal offense
, or any action that constitutes a serious threat to public safety
is
guilty of a class A misdemeanor.
5. 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.
The motion passed unanimously.
MOTION: Rep. Greene moved to further amend the bill as follows:
1. Page
6, Line 179 through Page 7, Line 181
:
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
, or
{
any action
}
possesses a dangerous weapon in a manner
that constitutes a serious threat to public safety
is guilty of a third degree felony.
2. Page
7, Lines 185 through 187
:
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 violent
187
criminal offense
, or
{
any action
}
possesses a dangerous weapon in a manner
that constitutes a serious threat to public safety
is guilty of a class A misdemeanor.
Spoke to the bill: Mr. Paul Boyden, Executive Director, Statewide Association of
Prosecutors
Mr. Steve Thomas, representing himself
Mr. Steven Athay, representing himself
SUBSTITUTE MOTION: Rep. King moved to hold the bill. The motion passed with
Rep. Greene voting in opposition. Rep. Perry was absent
for the vote.
MOTION: Rep. Arent moved to adjourn the meeting. The motion passed
unanimously with Rep. Perry absent for the vote.
Chair McIff adjourned the meeting at 6:25 p.m.
___________________________________
Kay L. McIff, Chair