Utah § 76-11-217 Carrying a dangerous weapon while under the influence of alcohol or drugs.

Utah Statutes

§ 76-11-217 — Carrying a dangerous weapon while under the influence of alcohol or drugs.

Utah § 76-11-217

Title 76Utah Criminal Code

Ch. 76-11Weapons

Part 76-11-2General Weapons Violations

This text of Utah § 76-11-217 (Carrying a dangerous weapon while under the influence of alcohol or drugs.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 76-11-217 (2026).

Text

(1)Terms defined in Sections 76-1-101.5, 76-11-101, and 76-11-201 apply to this section.

(2)An actor commits carrying a dangerous weapon while under the influence of alcohol or drugs if the actor:

(2)(a) carries a dangerous weapon that is readily accessible by the actor for immediate use; and

(2)(b) is under the influence of:

(2)(b)(i) alcohol as determined by the actor's blood or breath alcohol concentration in accordance with Subsections 41-6a-502(1)(a) through (c); or

(2)(b)(ii) a controlled substance as defined in Section 58-37-2.

(3)A violation of Subsection (2) is a class B misdemeanor.

(4)This section does not apply to:

(4)(a) an actor who uses or threatens to use force in compliance with Section 76-2-402;

(4)(b) an actor carrying a dangerous weapon in the actor's residence or t

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(1) Terms defined in Sections 76-1-101.5, 76-11-101, and 76-11-201 apply to this section.
(2) An actor commits carrying a dangerous weapon while under the influence of alcohol or drugs if the actor:
(2)(a) carries a dangerous weapon that is readily accessible by the actor for immediate use; and
(2)(b) is under the influence of:
(2)(b)(i) alcohol as determined by the actor's blood or breath alcohol concentration in accordance with Subsections 41-6a-502(1)(a) through (c); or
(2)(b)(ii) a controlled substance as defined in Section 58-37-2.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) This section does not apply to:
(4)(a) an actor who uses or threatens to use force in compliance with Section 76-2-402;
(4)(b) an actor carrying a dangerous weapon in the actor's residence or the residence of another individual with the consent of the individual who is lawfully in possession of the residence;
(4)(c) an actor under the influence of cannabis or a cannabis product, as those terms are defined in Section 26B-4-201, if the actor's use of the cannabis or cannabis product complies with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; or
(4)(d) an actor who:
(4)(d)(i) has a valid prescription for a controlled substance;
(4)(d)(ii) takes the controlled substance described in Subsection (4)(d)(i) as prescribed; and
(4)(d)(iii) after taking the controlled substance, the actor:
(4)(d)(iii)(A) is not a danger to the actor or another individual; or
(4)(d)(iii)(B) is capable of safely handling a dangerous weapon.
(5) It is not a defense to prosecution under this section that the actor:
(5)(a) is licensed in the pursuit of wildlife of any kind;
(5)(b) has a concealed carry permit as described in Section 53-5a-303;
(5)(c) has a provisional concealed carry permit as described in Section 53-5a-304;
(5)(d) has a temporary concealed carry permit issued under Section 53-5a-305;
(5)(e) has a concealed carry permit lawfully issued by or in another state; or
(5)(f) is 21 years old or older and may otherwise lawfully possess a concealed loaded firearm without a concealed carry permit as described in Section 53-5a-101.5.