Carrying a dangerous weapon while under influence of alcohol or drugs unlawful.

Checkout our iOS App for a better way to browser and research.



  • (1) It is a class B misdemeanor for any person to carry a dangerous weapon while under the influence of:
    • (a) alcohol as determined by the person's blood or breath alcohol concentration in accordance with Subsections 41-6a-502(1)(a) through (c); or
    • (b) a controlled substance as defined in Section 58-37-2.
  • (2) This section does not apply to:
    • (a) a person carrying a dangerous weapon that is either securely encased, as defined in this part, or not within such close proximity and in such a manner that it can be retrieved and used as readily as if carried on the person;
    • (b) any person who uses or threatens to use force in compliance with Section 76-2-402;
    • (c) any person carrying a dangerous weapon in the person's residence or the residence of another with the consent of the individual who is lawfully in possession; or
    • (d) a person under the influence of cannabis or a cannabis product, as those terms are defined in Section 26-61a-102, if the person's use of the cannabis or cannabis product complies with Title 26, Chapter 61a, Utah Medical Cannabis Act.
  • (3) It is not a defense to prosecution under this section that the person:
    • (a) is licensed in the pursuit of wildlife of any kind; or
    • (b) has a valid permit to carry a concealed firearm.




Download our app to see the most-to-date content.