Current through the 2024 Fourth Special Session
Section 76-10-509.4 - Possession of a dangerous weapon by a minor - Penalties(1) As used in this section, "responsible adult" means an individual:(a) who is 18 years old or older; and(b) who may lawfully possess a dangerous weapon.(2) An actor who is under 18 years old may not possess a dangerous weapon.(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is:(i) a class B misdemeanor for a first offense; and(ii) a class A misdemeanor for each subsequent offense.(b) A violation of Subsection (2) is a third degree felony if the dangerous weapon is:(ii) a short barreled rifle;(iii) a short barreled shotgun;(iv) a fully automatic weapon; or(v) a machinegun firearm attachment.(4) For an actor who is younger than 14 years old, this section does not apply if the actor: (a) possesses a dangerous weapon;(b) has permission from the actor's parent or guardian to possess the dangerous weapon;(c) is accompanied by the actor's parent or guardian, or a responsible adult, while the actor has the dangerous weapon in the actor's possession; and(d) does not use the dangerous weapon in the commission of a crime.(5) For an actor who is 14 years old or older but younger than 18 years old, this section does not apply if the actor:(a) possesses a dangerous weapon;(b) has permission from the actor's parent or guardian to possess the dangerous weapon; and(c) does not use the dangerous weapon in the commission of a crime.Amended by Chapter 301, 2024 General Session ,§ 10, eff. 5/1/2024.Amended by Chapter 161, 2023 General Session ,§ 17, eff. 5/3/2023.Amended by Chapter 301, 2013 General Session ,§ 4, eff. 5/14/2013.Amended by Chapter 80, 1995 General Session