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7 LONG TITLE
8 General Description:
9 This bill changes the requirements for using a dangerous weapon while under the
10 influence of alcohol.
11 Highlighted Provisions:
12 This bill:
13 ▸ eliminates the prohibition of carrying a dangerous weapon while a person's alcohol
14 concentration level exceeds the statutory limit under certain circumstances; and
15 ▸ provides an exception if a person uses a dangerous weapon in the person's residence
16 or in defense of others and the person's alcohol concentration level exceeds the
17 statutory limit.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 76-10-523, as last amended by Laws of Utah 2014, Chapter 248
25 76-10-528, as last amended by Laws of Utah 2008, Chapter 226
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 76-10-523 is amended to read:
29 76-10-523. Persons exempt from weapons laws.
30 (1) Except for Sections 76-10-506, 76-10-508, [
31 part and Title 53, Chapter 5, Part 7, Concealed Firearm Act, do not apply to any of the
32 following:
33 (a) a United States marshal;
34 (b) a federal official required to carry a firearm;
35 (c) a peace officer of this or any other jurisdiction;
36 (d) a law enforcement official as defined and qualified under Section 53-5-711;
37 (e) a judge as defined and qualified under Section 53-5-711; or
38 (f) a common carrier while engaged in the regular and ordinary transport of firearms as
39 merchandise.
40 (2) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not
41 apply to any person to whom a permit to carry a concealed firearm has been issued:
42 (a) pursuant to Section 53-5-704; or
43 (b) by another state or county.
44 (3) Except for Sections 76-10-503, 76-10-506, 76-10-508, and 76-10-508.1, this part
45 and Title 53, Chapter 5, Part 7, Concealed Firearm Act, do not apply to a nonresident traveling
46 in or though the state, provided that any firearm is:
47 (a) unloaded; and
48 (b) securely encased as defined in Section 76-10-501.
49 Section 2. Section 76-10-528 is amended to read:
50 76-10-528. Using a dangerous weapon while under influence of alcohol or drugs
51 unlawful.
52 (1) [
53 dangerous weapon while under the influence of:
54 (a) alcohol as determined by the person's blood or breath alcohol concentration in
55 accordance with Subsections 41-6a-502(1)(a) through (c); or
56 (b) a controlled substance as defined in Section 58-37-2 [
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59 (2) This section does not apply to:
60 (a) a person carrying a dangerous weapon that is either securely encased or not readily
61 accessible for immediate use, as defined in this part;
62 (b) any person who uses or threatens to use force in compliance with Section 76-2-402;
63 or
64 (c) any person carrying a dangerous weapon in or on the person's residence or property,
65 a business under the person's control, or the residence of another with the consent of the
66 individual who is lawfully in possession.
67 [
68 (a) is licensed in the pursuit of wildlife of any kind; or
69 (b) has a valid permit to carry a concealed firearm.
Legislative Review Note
Office of Legislative Research and General Counsel