87-2-126. Provisional hunter safety and education certificate for person with developmental disability -- conditions of licensure -- definition. (1) A person with a diagnosed developmental disability who satisfactorily completes the classroom portion and field course of the firearms safety course but who is unable to pass the written or an alternate-format exam portion of the course because of a developmental disability may be issued a provisional hunter safety and education certificate. The certificate is valid only when used according to this section.

(2) A person with a developmental disability may obtain a hunting license with a provisional hunter safety and education certificate.

(3) Each person who uses a provisional hunter safety and education certificate must be in the company of and assisted by the person's parent or guardian or by an adult designated by the person or by the person's parent or guardian when hunting and shall conduct all hunting within the terms and conditions of the license issued. A person who is accompanying and assisting a person with a disability:

(a) must have successfully completed a hunter safety and education course pursuant to 87-2-105(1);

(b) must have as the sole priority the direct supervision of the person with a disability at all times;

(c) may only be actively engaged in hunting a game animal that may be taken with the license of the person with a disability; and

(d) must be able to immediately intervene and control the firearm of the person with a disability at any time.

(4) (a) This section does not entitle a person to possess a firearm if the person is otherwise prohibited from possessing a firearm under state or federal law or a court order.

(b) A person may not knowingly authorize or permit a person with a developmental disability who is incapable of safely possessing a firearm to possess a firearm for hunting in this state.

(5) As used in this section, "developmental disability" means a developmental disability as defined in 53-20-102.