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Utah Code Title 76. Utah Criminal Code § 76-10-528. Carrying a dangerous weapon while under influence of alcohol or drugs unlawful

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-10-528. Carrying a dangerous weapon while under influence of alcohol or drugs unlawful - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-10-528/

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