{"data":{"id":"us-ut/utah-code-76-11-217","jurisdiction":"us-ut","citation":"Utah Code § 76-11-217","heading":"Carrying a dangerous weapon while under the influence of alcohol or drugs.","body":"(1) Terms defined in Sections 76-1-101.5, 76-11-101, and 76-11-201 apply to this section.\n(2) An actor commits carrying a dangerous weapon while under the influence of alcohol or drugs if the actor:\n(a) carries a dangerous weapon that is readily accessible by the actor for immediate use; and\n(b) is under the influence of:\n(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\n(ii) a controlled substance as defined in Section 58-37-101.\n(3) A violation of Subsection (2) is a class B misdemeanor.\n(4) This section does not apply to:\n(a) an actor who uses or threatens to use force in compliance with Section 76-2-402;\n(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;\n(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\n(d) an actor who:\n(i) has a valid prescription for a controlled substance;\n(ii) takes the controlled substance described in Subsection (4)(d)(i) as prescribed; and\n(iii) after taking the controlled substance, the actor:\n(A) is not a danger to the actor or another individual; or\n(B) is capable of safely handling a dangerous weapon.\n(5) It is not a defense to prosecution under this section that the actor:\n(a) is licensed in the pursuit of wildlife of any kind;\n(b) has a concealed carry permit as described in Section 53-5a-303;\n(c) has a provisional concealed carry permit as described in Section 53-5a-304;\n(d) has a temporary concealed carry permit issued under Section 53-5a-305;\n(e) has a concealed carry permit lawfully issued by or in another state; or\n(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.","path":["Title 76 Criminal Offenses","Chapter 76-11 Weapons","Part 76-11-2 General Weapons Violations"],"source_url":"https://le.utah.gov/xcode/Title76/Chapter11/76-11-S217.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"bde34b9dd33c09bec1e5751f7f455b0633c3eaaedfec512a0291c70913920965","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-76-11-216","next":"us-ut/utah-code-76-11-218"},"notice":"GroundRules: Original legal text. Not legal advice."}