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·Title 76 Utah Criminal Code·Ch. 76-11 Weapons·Part 76-11-2 General Weapons Violations

(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.

Utah § 76-11-217 (Carrying a dangerous weapon while under the influence of alcohol or drugs.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.