Title 76 - Utah Criminal Code - Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals - Part 5 - Weapons - Section 528 - Carrying a dangerous weapon while under influence of alcohol or drugs unlawful.


Published: 2020-02-28

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Utah Code

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Effective 2/28/2020 76-10-528 Carrying a dangerous weapon while under influence of alcohol or drugs unlawful. (1) It is a class B misdemeanor for any person to carry a dangerous weapon while under the

influence of: (a) alcohol as determined by the person'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) a person 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) any person who uses or threatens to use force in compliance with Section 76-2-402; (c) any person carrying a dangerous weapon in the person's residence or the residence of

another with the consent of the individual who is lawfully in possession; or (d) a person under the influence of cannabis or a cannabis product, as those terms are defined

in Section 26-61a-102, if the person's use of the cannabis or cannabis product complies with Title 26, Chapter 61a, Utah Medical Cannabis Act.

(3) It is not a defense to prosecution under this section that the person: (a) is licensed in the pursuit of wildlife of any kind; or (b) has a valid permit to carry a concealed firearm.

Amended by Chapter 12, 2020 General Session