(a) A person commits the offense of criminal use of prohibited weapons if, except as authorized by law, he or she uses, possesses, makes, repairs, sells, or otherwise deals in any:
(2) Machine gun;
(3) Sawed-off shotgun or rifle;
(4) Firearm specially made or specially adapted for silent discharge;
(5) Metal knuckles; or
(6) Other implement for the infliction of serious physical injury or death.
(b) 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 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.
(1) Criminal use of prohibited weapons is a Class B felony if the weapon is a bomb, machine gun, or firearm specially made or specially adapted for silent discharge.
(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.
Acts 1975, No. 280, § 3104; A.S.A. 1947, § 41-3104; Acts 1993, No. 1189, § 7; 2005, No. 1994, § 438; 2011, No. 161, § 1; 2013, No. 539, § 1.