(a) A person commits a crime if he knowingly possesses, manufactures, transports, repairs or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a gas gun;
(4) a short barreled rifle or shotgun;
(5) a firearm silencer;
(6) a switchblade knife;
(8) any other arms, as defined in section 46.4220, for which a valid license from the Commissioner of Public Safety has not been obtained.
(b) A person does not commit a crime under this section if his conduct:
(1) was incident to the performance of official duty by the armed forces, a governmental law enforcement agency, or a penal institution;
(2) was incident to engaging in a lawful commercial or business transaction with an organization listed in paragraph (b) (1); or
(3) was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise;
(4) was incident to displaying the weapon in a public museum or exhibition: or
(5) was incident to dealing with the weapon solely as a curio, ornament, or keepsake, or to using it in a manner reasonably related to a lawful dramatic performance; but if the weapon is a type described in paragraph (a) (1), (3), (4) or (5), it must be in a nonfunctioning condition that it cannot readily be made operable. No machine gun may be possessed, manufactured, transported, repaired, or sold as a curio, ornament, or keepsake even if it is inoperable and cannot readily be made operable.
(c) The defendant has the burden of injecting the issue of an exemption under subsection (b).
(d) A crime under paragraph (a) (1), (2), (3), (4) or (5) is a class C felony; a crime under paragraph (a) (6), (7) or (8) is a class A misdemeanorHistory: 1979, PL 16-43 § 2; amd 1991, PL 22-8.
Research Guide: MPCC 16.020, 23 ASC 1-15.