1     
WEAPON POSSESSION WHILE UNDER THE INFLUENCE

2     
AMENDMENTS

3     
2023 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Jason B. Kyle

6     
Senate Sponsor: Chris H. Wilson

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions related to who can carry a dangerous weapon.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends provisions related to who can carry a dangerous weapon.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          76-10-528, as last amended by Laws of Utah 2022, Chapter 159
21     

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 76-10-528 is amended to read:
24          76-10-528. Carrying a dangerous weapon while under influence of alcohol or
25     drugs unlawful.
26          (1) It is a class B misdemeanor for an actor to carry a dangerous weapon while under
27     the influence of:
28          (a) alcohol as determined by the actor's blood or breath alcohol concentration in

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