§ 5-73-104 — Criminal use of prohibited weapons

(a) A person commits the offense of criminal use of prohibited weapons if, except as authorized by law, he or she knowingly uses, possesses, makes, repairs, sells, or otherwise deals in any: (1) Bomb; (2) Metal knuckles; or (3) Other implement for the infliction of serious physical injury or death that serves no lawful purpose. (b) This section does not apply if the person uses, possesses, makes, repairs, sells, or otherwise deals in an item described in this section that is in compliance with the National Firearms Act, 26 U.S.C. §§ 5801 - 5861 , or other applicable federal law, as either existed on January 1, 2019. (c) It is a defense to prosecution under this section that: (1) The defendant was a law enforcement officer, prosecuting attorney, deputy prosecuting attorney, prison guard, or member of the United States Armed Forces acting in the course and scope of his or her duty at the time he or she used or possessed the prohibited weapon; or (2) The defendant used, possessed, made, repaired, sold, or otherwise dealt in any article enumerated in subsection (a) of this section under circumstances negating any likelihood that the weapon could be used as a weapon. (d) (1) Criminal use of prohibited weapons is a Class B felony if the weapon is a bomb. (2) Criminal use of prohibited weapons is a Class A misdemeanor if the offense is possession of metal knuckles. (3) Otherwise, criminal use of prohibited weapons is a Class D felony.

Legislative History

Amended by Act 2019, No. 1051,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 495,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 539,§ 1, eff. 3/28/2013. Acts 1975, No. 280, § 3104; A.S.A. 1947, § 41-3104; Acts 1993, No. 1189, § 7; 2005, No. 1994, § 438; 2011, No. 161, § 1.