Utah Code § 76-10-528

Current with legislation effective through 5/2/2024

Section 76-10-528 - Carrying a dangerous weapon while under influence of alcohol or drugs unlawful

(1) It is a class B misdemeanor for an actor to carry a dangerous weapon while under the influence of:

(a) alcohol as determined by the actor's blood or breath alcohol concentration in accordance with Subsections 41-6a-502(1)(a) through (c); or

(b) a controlled substance as defined in Section 58-37-2.

(2) This section does not apply to:

(a) an actor carrying a dangerous weapon that is either securely encased, as defined in this part, or not within such close proximity and in such a manner that it can be retrieved and used as readily as if carried on the person;

(b) an actor who uses or threatens to use force in compliance with Section 76-2-402;

(c) an actor carrying a dangerous weapon in the actor's residence or the residence of another with the consent of the individual who is lawfully in possession;

(d) an actor under the influence of cannabis or a cannabis product, as those terms are defined in Section 26B-4-201, if the actor's use of the cannabis or cannabis product complies with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; or

(e) an actor who:

(i) has a valid prescription for a controlled substance;

(ii) takes the controlled substance described in Subsection (2)(e)(i) as prescribed; and

(iii) after taking the controlled substance, the actor:

(A) is not a danger to the actor or another individual; or

(B) is capable of safely handling a dangerous weapon.

(3) It is not a defense to prosecution under this section that the actor:

(a) is licensed in the pursuit of wildlife of any kind; or

(b) has a valid permit to carry a concealed firearm.

Utah Code § 76-10-528

Amended by Chapter 330, 2023 General Session ,§ 59, eff. 5/3/2023.

Amended by Chapter 386, 2023 General Session ,§ 1, eff. 5/3/2023.

Amended by Chapter 159, 2022 General Session ,§ 1, eff. 5/4/2022.

Amended by Chapter 12, 2020 General Session ,§ 47, eff. 2/28/2020.

Amended by Chapter 458, 2019 General Session ,§ 2, eff. 5/14/2019.

Amended by Chapter 226, 2008 General Session.