Utah Code 76-10-528. Carrying a dangerous weapon while under influence of alcohol or drugs unlawful
Current as of: 2024 | Check for updates
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(1) It is a class B misdemeanor for an actor to carry a dangerous weapon while under the influence of:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-10-528
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Concealed firearm: means a firearm that is:(3)(a)(i) covered, hidden, or secreted in a manner that the public would not be aware of its presence; and(3)(a)(ii) readily accessible for immediate use. See Utah Code 76-10-501
- Dangerous weapon: means :
(6)(a)(i) a firearm; or(6)(a)(ii) an object that in the manner of its use or intended use is capable of causing death or serious bodily injury. See Utah Code 76-10-501- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Residence: means an improvement to real property used or occupied as a primary or secondary residence. See Utah Code 76-10-501
- Securely encased: means not readily accessible for immediate use, such as held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other storage area of a motor vehicle, not including a glove box or console box. See Utah Code 76-10-501
(1)(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(1)(b) a controlled substance as defined in Section 58-37-2.(2) This section does not apply to:(2)(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;(2)(b) an actor who uses or threatens to use force in compliance with Section 76-2-402;(2)(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;(2)(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(2)(e) an actor who:(2)(e)(i) has a valid prescription for a controlled substance;(2)(e)(ii) takes the controlled substance described in Subsection (2)(e)(i) as prescribed; and(2)(e)(iii) after taking the controlled substance, the actor:(2)(e)(iii)(A) is not a danger to the actor or another individual; or(2)(e)(iii)(B) is capable of safely handling a dangerous weapon.(3) It is not a defense to prosecution under this section that the actor:(3)(a) is licensed in the pursuit of wildlife of any kind; or(3)(b) has a valid permit to carry a concealed firearm. - Dangerous weapon: means :