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 in a private
19     residence 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, 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
40     merchandise.
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.
44          [(2)] (3) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505
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.
48          [(3)] (4) Except for Sections 76-10-503, 76-10-506, 76-10-508, and 76-10-508.1, this
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) [Any person who carries] It is a class B misdemeanor for any person to carry a
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 [is guilty of a class B
61     misdemeanor. Under the influence means the same level of influence or blood or breath
62     alcohol concentration as provided in Subsections 41-6a-502(1)(a) through(c)].
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;
68     or
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.
71          [(2)] (3) It is not a defense to prosecution under this section that the person:
72          (a) is licensed in the pursuit of wildlife of any kind; or
73          (b) has a valid permit to carry a concealed firearm.