1     
WEAPON POSSESSION PENALTY AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jordan D. Teuscher

5     
Senate Sponsor: Chris H. Wilson

6     

7     LONG TITLE
8     General Description:
9          This bill concerns the offense of carrying a weapon while under the influence of drugs
10     or alcohol.
11     Highlighted Provisions:
12          This bill:
13          ▸     exempts an individual who is taking a medication prescribed for a certain medical
14     condition from the offense of carrying a weapon while under the influence of drugs
15     or alcohol; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          76-10-528, as last amended by Laws of Utah 2020, Chapter 12
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 76-10-528 is amended to read:
27          76-10-528. Carrying a dangerous weapon while under influence of alcohol or
28     drugs unlawful.
29          (1) It is a class B misdemeanor for [any person] an actor to carry a dangerous weapon
30     while under the influence of:
31          (a) alcohol as determined by the [person's] actor's blood or breath alcohol concentration
32     in accordance with Subsections 41-6a-502(1)(a) through (c); or
33          (b) a controlled substance as defined in Section 58-37-2.
34          (2) This section does not apply to:
35          (a) [a person] an actor carrying a dangerous weapon that is either securely encased, as
36     defined in this part, or not within such close proximity and in such a manner that it can be
37     retrieved and used as readily as if carried on the person;
38          (b) [any person] an actor who uses or threatens to use force in compliance with Section
39     76-2-402;
40          (c) [any person] an actor carrying a dangerous weapon in the [person's] actor's
41     residence or the residence of another with the consent of the individual who is lawfully in
42     possession; [or]
43          (d) [a person] an actor under the influence of cannabis or a cannabis product, as those
44     terms are defined in Section 26-61a-102, if the [person's] actor's use of the cannabis or
45     cannabis product complies with Title 26, Chapter 61a, Utah Medical Cannabis Act[.]; or
46          (e) an actor who:
47          (i) has a valid prescription for a medication approved by the federal Food and Drug
48     Administration for the treatment of attention deficit disorder or attention deficit hyperactivity
49     disorder; and
50          (ii) takes the medication described in Subsection (2)(e)(i) as prescribed.
51          (3) It is not a defense to prosecution under this section that the [person] actor:
52          (a) is licensed in the pursuit of wildlife of any kind; or
53          (b) has a valid permit to carry a concealed firearm.