Utah Law regarding alcohol at home.

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)]"

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Originally Posted by laguna0seca

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)]"

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Pretty much the same thing we have in Tennessee. The kicker is that there is no threshold in the statute for "under the influence". That pretty much leaves it to the determination of the arresting officer.

I've got Pre-paid Legal and their contract is pretty clear. If you are involved in anything that requires legal assistance and alcohol or drugs were involved, you are on your own. I go by that.

According to North Carolina law it is unlawful to carry a concealed weapon while having any alcohol in your system but they do not address drinking at home.

Quote:

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§ 14‑415.11. Permit to carry concealed handgun; scope of permit.

(a) Any person who has a concealed handgun permit may carry a concealed handgun unless otherwise specifically prohibited by law. The person shall carry the permit together with valid identification whenever the person is carrying a concealed handgun, shall disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun when approached or addressed by the officer, and shall display both the permit and the proper identification upon the request of a law enforcement officer. In addition to these requirements, a military permittee whose permit has expired during deployment may carry a concealed handgun during the 90 days following the end of deployment and before the permit is renewed provided the permittee also displays proof of deployment to any law enforcement officer.

(b) The sheriff shall issue a permit to carry a concealed handgun to a person who qualifies for a permit under G.S. 14‑415.12. The permit shall be valid throughout the State for a period of five years from the date of issuance.

(c) Except as provided in G.S. 14‑415.27, a permit does not authorize a person to carry a concealed handgun in any of the following:

(1) Areas prohibited by G.S. 14‑269.2, 14‑269.3, and 14‑277.2.

(2) Areas prohibited by G.S. 14‑269.4, except as allowed under G.S. 14‑269.4(6).

(3) In an area prohibited by rule adopted under G.S. 120‑32.1.

(4) In any area prohibited by 18 U.S.C. § 922 or any other federal law.

(5) In a law enforcement or correctional facility.

(6) In a building housing only State or federal offices.

(7) In an office of the State or federal government that is not located in a building exclusively occupied by the State or federal government.

(8) On any private premises where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises.

(c1) Any person who has a concealed handgun permit may carry a concealed handgun on the grounds or waters of a park within the State Parks System as defined in G.S. 113‑44.9.

(c2) It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in the person's body any alcohol or in the person's blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in the person's blood was lawfully obtained and taken in therapeutically appropriate amounts or if the person is on the person's own property.(c3) As provided in G.S. 14‑269.4(5), it shall be lawful for a person to carry any firearm openly, or to carry a concealed handgun with a concealed carry permit, at any State‑owned rest area, at any State‑owned rest stop along the highways, and at any State‑owned hunting and fishing reservation.

(d) A person who is issued a permit shall notify the sheriff who issued the permit of any change in the person's permanent address within 30 days after the change of address. If a permit is lost or destroyed, the person to whom the permit was issued shall notify the sheriff who issued the permit of the loss or destruction of the permit. A person may obtain a duplicate permit by submitting to the sheriff a notarized statement that the permit was lost or destroyed and paying the required duplicate permit fee. (1995, c. 398, s. 1; c. 507, s. 22.1(c); c. 509, s. 135.3(e); 1997, c. 238, s. 6; 2000‑140, s. 103; 2000‑191, s. 5; 2005‑232, s. 3; 2011‑268, s. 14.)

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I would think that (c2) would pretty much cover drinking anywhere or having alcohol in your system anywhere in the state.

Our State has 2 distinctions :

Cannot carry while "under the influence" ... they do not say legally intoxicated.

Second, they say .... if a person is legally intoxicated, (such @ home), they may protect themselves with a gun.... IF they maintain possession only as long as required to protect themselves or others. In other words, after the threat is over.... put the gun down.

If you'ld like the statutes, I can get them.... but right now, it's late and I'm going to bed soon.

or if the person is on the person's own property.

Msgt. That statement means that you are exempt from or the particulars do not apply when you are on your own property. That is what I am getting from reading it.

The statutes of my state have already been posted. I would suggest digging deeper into Utah code for similar clarification, but I would anticipate that most states would have the intent that one does not abdicate their right to be secure from intruders or violence in their homes while committing lawful acts (drinking).

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Originally Posted by laguna0seca

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.

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So, you would suggest that anyone who has a couple of beers at home go lock up his/her guns?
Good luck with a home invasion as you sip down that second beer...I'm just sayin'...:rolleyes:

Outside the home you are in posession and carrying,legaly if you have a permit. Inside your home you own,posses, Not sure if carrying would apply. These words have an accepted meaning and a legal definition. It would depend on how Utah defines Carry, Does carry apply to an in the home situation. Laws can be different as to "in your home or castle" and out in public.For example; the duty to retreat,outside the home in many states,one thing,in your home another. I tend to believe that in your home it may not be illegal,but its still not safe. Err on the side of caution,NEVER mix firearms and alcohol would be the road I would take.

or if the person is on the person's own property.

+1 to what Tacman said.

I think it's pretty much a moot point. Whether you have been drinking or not, something has to take place for the law to show up at your home. When that happens, if you have been drinking to the point that it is readily apparent, good luck with trying to argue the finer points of Utah law with the officer. :smile: There's a lot of difference between having a glass of wine with dinner and having a twelve pack of empty beer cans roll out of the car when the officer opens the door and asks you to step out. The events that led to the police showing up in the first place would be my biggest concern.

If you are not doing nothing wrong you’re fine but get stupid and there are laws that will allow you to get arrested even in your own home

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Originally Posted by barstoolguru

If you are not doing nothing wrong you’re fine but get stupid and there are laws that will allow you to get arrested even in your own home

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Absolutely...:35:

Something like this, for example...

http://usnews.msnbc.msn.com/_news/20...-in-truck?lite

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Originally Posted by retsupt99

So, you would suggest that anyone who has a couple of beers at home go lock up his/her guns?
Good luck with a home invasion as you sip down that second beer...I'm just sayin'...:rolleyes:

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A couple of beers is one thing, if you are the type that can't stop drinking until you are puking, that is quite another.

Going to vary wildly from state to state :(
there's some unrelated stuff too. You have certain legal protections in your home that you don't enjoy elsewhere. For instance, decency laws can be unenforceable when the conduct happens in a private residence. There's also the question of whether you are actually carrying or not. Just having a gun in your home doesn't equate to carrying that gun, though states will define this differently.

At the same time, if you shoot someone, justified or not, the odds are you will end up in court. Your judgement will be questioned, and factors such as BAC are likely to make a difference in the mind of a juror.