2.205 — GENERALLY PROHIBITED WEAPONS VIOLATION

Violations of "Statute 2.205" results in a Class C Felony

---

(a) Definitions

Possession or use of prohibited weapons is defined as the unlawful possession, manufacture, distribution, sale, or use of any weapon that is prohibited by law, including but not limited to firearms, explosives, destructive devices, and other dangerous weapons.

More information on prohibited weapons and modifications can be found here.

(b) Elements

To prove possession or use of prohibited weapons, the prosecution must establish the following elements beyond a reasonable doubt:

1. The defendant possessed, manufactured, distributed, sold, or used a weapon.

2. The weapon is prohibited by law.

3. The possession, manufacture, distribution, sale, or use was without legal authorization or justification.

(c) Defenses

Defenses to a charge of possession or use of prohibited weapons may include, but are not limited to:

• Legal authorization: The defendant possessed, manufactured, distributed, sold, or used the weapon with legal authorization, such as for law enforcement, military, or sporting purposes.

• Mistaken identity: The defendant was not the person who possessed, manufactured, distributed, sold, or used the prohibited weapon.

• Lack of knowledge: The defendant did not know or have reason to know that the weapon was prohibited by law.

• Necessity: The possession, manufacture, distribution, sale, or use of the weapon was necessary to prevent imminent harm to oneself or others.