5/6/2026Amended by Chapter 362, 2026 General Session2026Carrying a dangerous weapon while under the influence of alcohol or drugs.Terms defined in Sections 76-1-101.5, 76-11-101, and 76-11-201 apply to this section.An actor commits carrying a dangerous weapon while under the influence of alcohol or drugs if the actor:carries a dangerous weapon that is readily accessible by the actor for immediate use; andis under the influence of:alcohol as determined by the actor's blood or breath alcohol concentration in accordance with Subsections 41-6a-502(1)(a) through (c); ora controlled substance as defined in Section 58-37-101.A violation of Subsection (2) is a class B misdemeanor.This section does not apply to:an actor who uses or threatens to use force in compliance with Section 76-2-402;an actor carrying a dangerous weapon in the actor's residence or the residence of another individual with the consent of the individual who is lawfully in possession of the residence;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; oran actor who:has a valid prescription for a controlled substance;takes the controlled substance described in Subsection (4)(d)(i) as prescribed; andafter taking the controlled substance, the actor:is not a danger to the actor or another individual; oris capable of safely handling a dangerous weapon.It is not a defense to prosecution under this section that the actor:is licensed in the pursuit of wildlife of any kind;has a concealed carry permit as described in Section 53-5a-303;has a provisional concealed carry permit as described in Section 53-5a-304;has a temporary concealed carry permit issued under Section 53-5a-305;has a concealed carry permit lawfully issued by or in another state; oris 21 years old or older and may otherwise lawfully possess a concealed loaded firearm without a concealed carry permit as described in Section 53-5a-101.5.