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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:
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
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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 [
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 [
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 [
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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 [
72 (a) is licensed in the pursuit of wildlife of any kind; or
73 (b) has a valid permit to carry a concealed firearm.