As used in this part:
(1) (a) "Antique firearm" means any firearm:
(i) (A) with a matchlock, flintlock, percussion cap, or similar type of ignition system; and
(B) that was manufactured in or before 1898; or
(ii) that is a replica of any firearm described in this Subsection (1)(a), if the replica:
(A) is not designed or redesigned for using rimfire or conventional centerfire fixedammunition; or
(B) uses rimfire or centerfire fixed ammunition which is:
(I) no longer manufactured in the United States; and
(II) is not readily available in ordinary channels of commercial trade; or
(iii) (A) that is a muzzle loading rifle, shotgun, or pistol; and
(B) is designed to use black powder, or a black powder substitute, and cannot use fixedammunition.
(b) "Antique firearm" does not include:
(i) any weapon that incorporates a firearm frame or receiver;
(ii) any firearm that is converted into a muzzle loading weapon; or
(iii) any muzzle loading weapon that can be readily converted to fire fixed ammunitionby replacing the:
(C) breechblock; or
(D) any combination of Subsection (1)(b)(iii)(A), (B), or (C).
(2) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
within the Department of Public Safety.
(3) (a) "Concealed dangerous weapon" means a dangerous weapon that is covered,hidden, or secreted in a manner that the public would not be aware of its presence and is readilyaccessible for immediate use.
(b) A dangerous weapon shall not be considered a concealed dangerous weapon if it is afirearm which is unloaded and is securely encased.
(4) "Criminal history background check" means a criminal background check conductedby a licensed firearms dealer on every purchaser of a handgun through the division or the locallaw enforcement agency where the firearms dealer conducts business.
(5) "Curio or relic firearm" means any firearm that:
(a) is of special interest to a collector because of a quality that is not associated withfirearms intended for:
(i) sporting use;
(ii) use as an offensive weapon; or
(iii) use as a defensive weapon;
(b) (i) was manufactured at least 50 years prior to the current date; and
(ii) is not a replica of a firearm described in Subsection (5)(b)(i);
(c) is certified by the curator of a municipal, state, or federal museum that exhibitsfirearms to be a curio or relic of museum interest;
(d) derives a substantial part of its monetary value:
(i) from the fact that the firearm is:
(B) rare; or
(C) bizarre; or
(ii) because of the firearm's association with an historical:
(B) period; or
(C) event; and
(e) has been designated as a curio or relic firearm by the director of the United StatesTreasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C.F.R. Sec. 178.11.
(6) (a) "Dangerous weapon" means any item that in the manner of its use or intended useis capable of causing death or serious bodily injury.
(b) The following factors shall be used in determining whether a knife, or any other item,object, or thing not commonly known as a dangerous weapon is a dangerous weapon:
(i) the character of the instrument, object, or thing;
(ii) the character of the wound produced, if any;
(iii) the manner in which the instrument, object, or thing was used; and
(iv) the other lawful purposes for which the instrument, object, or thing may be used.
(c) "Dangerous weapon" does not include any explosive, chemical, or incendiary deviceas defined by Section 76-10-306
(7) "Dealer" means a person who is licensed under crimes and criminal procedure, 18U.S.C. 923 and engaged in the business of selling, leasing, or otherwise transferring a handgun,whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
(8) "Enter" means intrusion of the entire body.
(9) (a) "Firearm" means a pistol, revolver, shotgun, sawed-off shotgun, rifle or sawed-offrifle, or a device that could be used as a dangerous weapon from which is expelled a projectile byaction of an explosive.
(b) As used in Sections 76-10-526
, "firearm" does not include an antiquefirearm.
(10) "Firearms transaction record form" means a form created by the division to becompleted by a person purchasing, selling, or transferring a handgun from a dealer in the state.
(11) "Fully automatic weapon" means any firearm which fires, is designed to fire, or canbe readily restored to fire, automatically more than one shot without manual reloading by a singlefunction of the trigger.
(12) (a) "Handgun" means a pistol, revolver, or other firearm of any description, loadedor unloaded, from which a shot, bullet, or other missile can be discharged, the length of which,not including any revolving, detachable, or magazine breech, does not exceed 12 inches.
(b) As used in Sections 76-10-520
, and 76-10-522
, "handgun" and "pistol orrevolver" do not include an antique firearm.
(13) "House of worship" means a church, temple, synagogue, mosque, or other buildingset apart primarily for the purpose of worship in which religious services are held and the mainbody of which is kept for that use and not put to any other use inconsistent with its primarypurpose.
(14) "Prohibited area" means a place where it is unlawful to discharge a firearm.
(15) "Readily accessible for immediate use" means that a firearm or other dangerousweapon is carried on the person or within such close proximity and in such a manner that it can
be retrieved and used as readily as if carried on the person.
(16) "Residence" means an improvement to real property used or occupied as a primaryor secondary residence.
(17) "Sawed-off shotgun" or "sawed-off rifle" means a shotgun having a barrel or barrelsof fewer than 18 inches in length, or in the case of a rifle, having a barrel or barrels of fewer than16 inches in length, or any dangerous weapon made from a rifle or shotgun by alteration,modification, or otherwise, if the weapon as modified has an overall length of fewer than 26inches.
(18) "Securely encased" means not readily accessible for immediate use, such as held in agun rack, or in a closed case or container, whether or not locked, or in a trunk or other storagearea of a motor vehicle, not including a glove box or console box.
(19) "State entity" means a department, commission, board, council, agency, institution,officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau,panel, or other administrative unit of the state.
(20) "Violent felony" has the same meaning as defined in Section 76-3-203.5.
Amended by Chapter 62, 2010 General Session