Utah Law regarding alcohol at home.

[gunthorp]

I'm going to need a designated shooter at home tonight, in case I'm charged with sleeping while under the influence.

"Carry" means in public. Of course, any BAC will be a speed bump for a homeowner defending himself, but shooting can be a sobering affair. I imagine quite a percentage of US residents have a little BAC in the evenings. May they not defend themselves in their own homes? You might want to talk with an attorney regarding consent to any search or sobriety testing within your home. The BG invading your house won't be asking if you've had anything to drink. The simple solution is to not drink just before you have to shoot.

[DefensiveCarry.com]

[msgt/ret]

My thinking is if you were to shoot someone most people would want a drink to settle their nerves afterwards.

[Spidey2011]

I guess the easiest solution is just don't drink. For the life of me, I can't figure out why anyone would want to do that to themselves anyway.

[mlr1m]

So I am going to preface this by saying that I don't drink, and I think that there are few things as irresponsible as not putting your guns away prior to drinking. I am looking for actual statutes rather than personal opinion.

I know it is illegal to carry a firearm while under the influence of alcohol, meaning impaired or above the limit. However does this apply to being at home. I would assume it would, however a friend of mine disagreed with me so I am looking for some clarity.

From the BCI:
"It is unlawful to carry a firearm while under the influence of alcohol or a controlled substance with or
without a permit. A concealed weapon permit is not a defense to prosecution for any person who carries a weapon while under the influence of alcohol or a controlled substance [(76-10-528(2)(b)]"

I would read this to mean anywhere the person might be. Unless there is another law on the books there that lists exemptions I believe your friend is wrong.

Michael

[gobbly]

Apparently, you can't defend yourself in Utah if you have any alcohol in your system. Even in your own home. This is one instance where I am glad my state has done it right. Note, I am not condoning drinking and firing a weapon. This has been discussed in numerous threads. I'm just bringing an issue to light.

Bringing this from another thread because it's on topic here...

So lotus, I think you misunderstand Utah law. You are allowed to have alcohol in your system and be armed. You are not allowed to have more than the legal limit in your system, and the legal limit is the same as it is for DUI (0.08). So basically, you can drink, you can't be drunk. I like this law. I think drunk people shouldn't be carrying around guns, it simply is too dangerous to have people with impaired judgement making the split second decisions required to employ a self defense weapon. At the same time, the most I drink is a single drink. I might have a glass of wine with dinner when I go out. I also am always the designated driver when I go out with friends. I like that I can still go to the bar, have fun, save my friends from being tempted to drive drunk. I like that I don't have to disarm just because I might be around people drinking alcohol, or choose to have a single drink.

I also don't think you can definitively say that you can't be drunk in your own home and defend yourself... I'm not saying you can either. That's the whole reason this thread is here, to discuss this question. Since none of us are lawyers (at least not that we're admitting), and none of us seem to be aware of case law that is pertinent (at least none has been brought forth), the question is still up for debate. I suspect it is heavily predicated on how they define 'carrying'...

http://le.utah.gov/~code/TITLE76/htm/76_10_052800.htm

76-10-528. Carrying a dangerous weapon while under influence of alcohol or drugs unlawful.
(1) Any person who carries a dangerous weapon while under the influence of alcohol or a controlled substance as defined in Section 58-37-2 is guilty of a class B misdemeanor. Under the influence means the same level of influence or blood or breath alcohol concentration as provided in Subsections 41-6a-502(1)(a) through(c).

http://le.utah.gov/~code/TITLE41/htm/41_06a050200.htm

41-6a-502. Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration -- Reporting of convictions.
(1) A person may not operate or be in actual physical control of a vehicle within this state if the person:
(a) has sufficient alcohol in the person's body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
(b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or
(c) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control.