7 LONG TITLE
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 in a private
19 residence with the consent of the owner.
20 Money Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
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, and 76-10-508.1, this part and Title 53,
33 Chapter 5, Part 7, Concealed Firearm Act, do not apply to any of the following:
34 (a) a United States marshal;
35 (b) a federal official required to carry a firearm;
36 (c) a peace officer of this or any other jurisdiction;
37 (d) a law enforcement official as defined and qualified under Section 53-5-711;
38 (e) a judge as defined and qualified under Section 53-5-711; or
39 (f) a common carrier while engaged in the regular and ordinary transport of firearms as
41 (2) Notwithstanding Subsection (1), the provisions of Section 76-10-528 apply to any
42 individual listed in Subsection (1) who is not employed by a state or federal agency or political
43 subdivision that has adopted a policy or rule regarding the use of dangerous weapons.
45 do not apply to any person to whom a permit to carry a concealed firearm has been issued:
46 (a) pursuant to Section 53-5-704; or
47 (b) by another state or county.
49 part and Title 53, Chapter 5, Part 7, Concealed Firearm Act, do not apply to a nonresident
50 traveling in or though the state, provided that any firearm is:
51 (a) unloaded; and
52 (b) securely encased as defined in Section 76-10-501.
53 Section 2. Section 76-10-528 is amended to read:
54 76-10-528. Carrying a dangerous weapon while under influence of alcohol or
55 drugs unlawful.
56 (1) [
57 dangerous weapon while under the influence of:
58 (a) alcohol as determined by the person's blood or breath alcohol concentration in
59 accordance with Subsections 41-6a-502(1)(a) through (c); or
60 (b) a controlled substance as defined in Section 58-37-2 [
63 (2) This section does not apply to:
64 (a) a person carrying a dangerous weapon that is either securely encased, as defined in
65 this part, or not within such close proximity and in such a manner that it can be retrieved and
66 used as readily as if carried on the person;
67 (b) any person who uses or threatens to use force in compliance with Section 76-2-402;
69 (c) any person carrying a dangerous weapon in the person's residence or the residence
70 of another with the consent of the individual who is lawfully in possession.
72 (a) is licensed in the pursuit of wildlife of any kind; or
73 (b) has a valid permit to carry a concealed firearm.