Terms Used In Utah Code 76-10-528

• Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
• Concealed firearm: means a firearm that is:

  (i)	covered, hidden, or secreted in a manner that the public would not be aware of its presence; and

  (ii)

  readily accessible for immediate use. See Utah Code 76-10-501 Dangerous weapon: means : (i)  a firearm; or (ii)  an object that in the manner of its use or intended use is capable of causing death or serious bodily injury. See Utah Code 76-10-501 Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5 Residence: means an improvement to real property used or occupied as a primary or secondary residence. See Utah Code 76-10-501 Securely encased: means not readily accessible for immediate use, such as held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other storage area of a motor vehicle, not including a glove box or console box. See Utah Code 76-10-501 (a)  alcohol as determined by the actor’s blood or breath alcohol concentration in accordance with Subsections 41-6a-502(1)(a) through (c); or (b)  a controlled substance as defined in Section 58-37-2.

  (2)

  This section does not apply to: (a)  an actor carrying a dangerous weapon that is either securely encased, as defined in this part, or not within such close proximity and in such a manner that it can be retrieved and used as readily as if carried on the person; (b)  an actor who uses or threatens to use force in compliance with Section 76-2-402; (c)  an actor carrying a dangerous weapon in the actor’s residence or the residence of another with the consent of the individual who is lawfully in possession; (d)  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 2; or (e)  an actor who: (i)  has a valid prescription for a controlled substance; (ii)  takes the controlled substance described in Subsection (2)(e)(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.

  (3)	It is not a defense to prosecution under this section that the actor: (a)  is licensed in the pursuit of wildlife of any kind; or (b)  has a valid permit to carry a concealed firearm.

  Amended by Chapter 330, 2023 General Session
  Amended by Chapter 386, 2023 General Session