Enrolled Copy H.B. 103
1 WEAPON POSSESSION WHILE UNDER THE INFLUENCE
2 AMENDMENTS
3 2023 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Jason B. Kyle
6 Senate Sponsor: Chris H. Wilson
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions related to who can carry a dangerous weapon.
11 Highlighted Provisions:
12 This bill:
13 < amends provisions related to who can carry a dangerous weapon.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 76-10-528, as last amended by Laws of Utah 2022, Chapter 159
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 76-10-528 is amended to read:
24 76-10-528. Carrying a dangerous weapon while under influence of alcohol or
25 drugs unlawful.
26 (1) It is a class B misdemeanor for an actor to carry a dangerous weapon while under
27 the influence of:
28 (a) alcohol as determined by the actor's blood or breath alcohol concentration in
 H.B. 103
Enrolled Copy
29 accordance with Subsections 41-6a-502(1)(a) through (c); or
30 (b) a controlled substance as defined in Section 58-37-2.
31 (2) This section does not apply to:
32 (a) an actor carrying a dangerous weapon that is either securely encased, as defined in
33 this part, or not within such close proximity and in such a manner that it can be retrieved and
34 used as readily as if carried on the person;
35 (b) an actor who uses or threatens to use force in compliance with Section 76-2-402;
36 (c) an actor carrying a dangerous weapon in the actor's residence or the residence of
37 another with the consent of the individual who is lawfully in possession;
38 (d) an actor under the influence of cannabis or a cannabis product, as those terms are
39 defined in Section 26-61a-102, if the actor's use of the cannabis or cannabis product complies
40 with Title 26, Chapter 61a, Utah Medical Cannabis Act; or
41 (e) an actor who:
42 (i) has a valid prescription for a controlled substance [for a medication approved by the
43 federal Food and Drug Administration for the treatment of attention deficit disorder or
44 attention deficit hyperactivity disorder;] [and];
45 (ii) takes the [medication] controlled substance described in Subsection (2)(e)(i) as
46 prescribed; and
47 (iii) after taking the controlled substance, the actor:
48 (A) is not a danger to the actor or another individual; or
49 (B) is capable of safely handling a dangerous weapon.
50 (3) It is not a defense to prosecution under this section that the actor:
51 (a) is licensed in the pursuit of wildlife of any kind; or
52 (b) has a valid permit to carry a concealed firearm.
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Statutes affected:
Introduced: 76-10-503, 76-10-528
Enrolled: 76-10-528
H.B. 103 1st Substitute (Not Adopted) Text: 76-10-528