This document includes House Committee Amendments incorporated into the bill on Wed, Feb 13, 2019 at 10:01 AM by pflowers.
This document includes House Floor Amendments incorporated into the bill on Fri, Feb 22, 2019 at 11:32 AM by pflowers.



Chief Sponsor: Norman K. Thurston

Senate Sponsor: Jacob L. Anderegg


8     General Description:
9          This bill changes and clarifies the prohibitions for carrying a dangerous weapon by an
10     intoxicated individual.
11     Highlighted Provisions:
12          This bill:
13          ▸     eliminates the current exemption that allows a peace officer to carry a dangerous
14     weapon while intoxicated;
15          ▸     clarifies that carrying a dangerous weapon that is securely encased or not readily
16     available is not prohibited;
17          ▸     modifies the law to respect an individual's constitutional right to self defense; and
18          ▸     provides an exception for an individual who carries a dangerous weapon
18a     Ĥ→ [
on] in a ←Ĥ private Ĥ→ residence ←Ĥ
19     Ĥ→ [
property] ←Ĥ with the consent of the owner.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          76-10-523, as last amended by Laws of Utah 2014, Chapter 248
27          76-10-528, as last amended by Laws of Utah 2008, Chapter 226


29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 76-10-523 is amended to read:
31          76-10-523. Persons exempt from weapons laws.
32          (1) Except for Sections 76-10-506, 76-10-508, Ĥ→ [
[] and []] ←Ĥ 76-10-508.1,
32a     Ĥ→ [
and 76-10-528,] ←Ĥ this
33     part and Title 53, Chapter 5, Part 7, Concealed Firearm Act, do not apply to any of the
34     following:
35          (a) a United States marshal;
36          (b) a federal official required to carry a firearm;
37          (c) a peace officer of this or any other jurisdiction;
38          (d) a law enforcement official as defined and qualified under Section 53-5-711;
39          (e) a judge as defined and qualified under Section 53-5-711; or
40          (f) a common carrier while engaged in the regular and ordinary transport of firearms as
41     merchandise.
41a     Ĥ→ (2) Notwithstanding Subsection (1), the provisions of Section 76-10-528 apply to any
41b     individual listed in Subsection (1) who is not employed by a state or federal agency or political
41c     subdivision that has adopted a policy or rule regarding the use of dangerous weapons. ←Ĥ
42          Ĥ→ [
(2)] (3) ←Ĥ The provisions of Subsections 76-10-504(1) and (2), and Section
42a     76-10-505 do not
43     apply to any person to whom a permit to carry a concealed firearm has been issued:
44          (a) pursuant to Section 53-5-704; or
45          (b) by another state or county.
46          Ĥ→ [
(3)] (4) ←Ĥ Except for Sections 76-10-503, 76-10-506, 76-10-508, and 76-10-508.1,
46a     this part
47     and Title 53, Chapter 5, Part 7, Concealed Firearm Act, do not apply to a nonresident traveling
48     in or though the state, provided that any firearm is:
49          (a) unloaded; and
50          (b) securely encased as defined in Section 76-10-501.
51          Section 2. Section 76-10-528 is amended to read:
52          76-10-528. Carrying a dangerous weapon while under influence of alcohol or
53     drugs unlawful.
54          (1) [Any person who carries] It is a class B misdemeanor for any person to carry a
55     dangerous weapon while under the influence of:
56          ☆ (a) alcohol as determined by the person's blood or breath alcohol concentration in
57     accordance with Subsections 41-6a-502(1)(a) through (c); or
58          (b) a controlled substance as defined in Section 58-37-2 [is guilty of a class B

59     misdemeanor. Under the influence means the same level of influence or blood or breath
60     alcohol concentration as provided in Subsections 41-6a-502(1)(a) through(c)].
61          (2) This section does not apply to:
62          (a) a person carrying a dangerous weapon that is either securely encased Ĥ→ [
or not readily
63     accessible for immediate use
] ←Ĥ
, as defined in this part Ĥ→ , or not within such close proximity
63a     and in such a manner that it can be retrieved and used as readily as if carried on the
63b     person ←Ĥ ;
64          (b) any person who uses or threatens to use force in compliance with Section 76-2-402;
65     or
66          (c) any person carrying a dangerous weapon in Ĥ→ [
or on] ←Ĥ the person's residence
66a     Ĥ→ [
or property,
67     a business under the person's control,
] ←Ĥ
or the residence of another with the consent of the
68     individual who is lawfully in possession.
69          [(2)] (3) It is not a defense to prosecution under this section that the person:
70          (a) is licensed in the pursuit of wildlife of any kind; or
71          (b) has a valid permit to carry a concealed firearm.