26.19.130 Possession of Dangerous Weapon If Mentally Incompetent, Under the Influence of Alcohol or a Controlled Substance

Any person who has a dangerous weapon in one's actual possession is a Class [5] five offense after having been declared mentally incompetent; or while being under the influence of alcoholic beverages, under the influence of a controlled substance, whether a prescribed drug, or illegal; or while possessing with the intent to unlawfully assault another; or while under the age of 16 years, with or without the consent of his/her parent or guardian.