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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 on private
19 property 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
28
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, [
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.
42 (2) The provisions of Subsections 76-10-504(1) and (2), and Section 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 (3) Except for Sections 76-10-503, 76-10-506, 76-10-508, and 76-10-508.1, 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) [
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 [
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61 (2) This section does not apply to:
62 (a) a person carrying a dangerous weapon that is either securely encased or not readily
63 accessible for immediate use, as defined in this part;
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 or on the person's residence or property,
67 a business under the person's control, or the residence of another with the consent of the
68 individual who is lawfully in possession.
69 [
70 (a) is licensed in the pursuit of wildlife of any kind; or
71 (b) has a valid permit to carry a concealed firearm.