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

378 words·~2 min read·/ut/title-76/chapter-11/76-11-217

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(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:

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

(b)is under the influence of:

(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

(ii)a controlled substance as defined in Section 58-37-101 .

(3)A violation of Subsection

(2)is a class B misdemeanor.

(4)This section does not apply to:

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

(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;

(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

(d)an actor who:

(i)has a valid prescription for a controlled substance;

(ii)takes the controlled substance described in Subsection (4)(d)(i) as prescribed; and

(iii)after taking the controlled substance, the actor:

(A)is not a danger to the actor or another individual; or

(B)is capable of safely handling a dangerous weapon.

(5)It is not a defense to prosecution under this section that the actor:

(a)is licensed in the pursuit of wildlife of any kind;

(b)has a concealed carry permit as described in Section 53-5a-303 ;

(c)has a provisional concealed carry permit as described in Section 53-5a-304 ;

(d)has a temporary concealed carry permit issued under Section 53-5a-305 ;

(e)has a concealed carry permit lawfully issued by or in another state; or

(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 .

Amended by Chapter 362 , 2026 General Session