Results 1 to 13 of 13

Thread: purchasing alcohol while oc in ut

  1. #1
    Activist Member SigGuy23's Avatar
    Join Date
    Aug 2011
    Location
    Freeland, WA
    Posts
    323

    purchasing alcohol while oc in ut

    So I'm on leave in utah right now and was wondering what the law is on purchasing and consuming alcohol while oc. Thanks

  2. #2
    Campaign Veteran Schlitz's Avatar
    Join Date
    Dec 2009
    Location
    Florida
    Posts
    1,567
    <in before the 'right to self defender doesn't exist while drinking' posts>

    If you drink and carry, please be responsible. You are an ambassador for carriers.
    “The claim and exercise of a constitutional right cannot be converted into a crime.”
    [Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
    “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
    [Sherar vs. Cullen, 481 F2d. 946 (1973)]

  3. #3
    Activist Member SigGuy23's Avatar
    Join Date
    Aug 2011
    Location
    Freeland, WA
    Posts
    323
    I don't plan on drinking anything in public. I just wanted to know encase I wanted t have one drink while at a resturaunt with friends/family. also purchasing from the store or liquor store to take home. Not trying to disobey any laws.

  4. #4
    State Researcher Kevin Jensen's Avatar
    Join Date
    Feb 2007
    Location
    Santaquin, Utah, USA
    Posts
    2,313
    Utah has no law prohibiting you from carrying openly or concealed in any establishment where alcohol is sold or consumed. Carry on! Just don't get drunk (.08) while carrying.

    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).
    (2) It is not a defense to prosecution under this section that the person:
    (a) is licensed in the pursuit of wildlife of any kind; or
    (b) has a valid permit to carry a concealed firearm.
    Liquor Stores in Utah are owned by the State, and therefore full under the States preemption laws. They specifically can not keep you from carrying in a State Liquor Store.

    53-5a-102. Uniform firearm laws.
    (1) The individual right to keep and bear arms being a constitutionally protected right under Article I, Section 6 of the Utah Constitution, the Legislature finds the need to provide uniform civil and criminal firearm laws throughout the state.
    (2) Except as specifically provided by state law, a local authority or state entity may not:
    (a) prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting, or keeping a firearm at the individual's place of residence, property, business, or in any vehicle lawfully in the individual's possession or lawfully under the individual's control; or
    (b) require an individual to have a permit or license to purchase, own, possess, transport, or keep a firearm.
    (3) In conjunction with Title 76, Chapter 10, Part 5, Weapons, this section is uniformly applicable throughout this state and in all its political subdivisions and municipalities.
    (4) All authority to regulate firearms is reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities.
    (5) Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on either public or private property.
    (6) As used in this section:
    (a) "firearm" has the same meaning as defined in Subsection 76-10-501(9); and
    (b) "local authority or state entity" includes public school districts, public schools, and state institutions of higher education.
    (7) Nothing in this section restricts or expands private property rights.
    "An armed society is a polite society. Manners are good when one may have to back up his acts with his life." Robert A. Heinlein

  5. #5
    Activist Member SigGuy23's Avatar
    Join Date
    Aug 2011
    Location
    Freeland, WA
    Posts
    323
    Thank you fo replying with the answer I was looking for kevin jensen. I can't believe I had 75 views and only 2 people replied including you. I thought it was a pretty legitimate
    Question. I mainly wanted to no if I was allowed to purchase alcohol in the liquor store whole oc.that's all. Didn't need a lecture from a guy all the way in florida. Thanks again.

  6. #6
    Regular Member Utah_Patriot's Avatar
    Join Date
    Jun 2008
    Location
    Kearns, Utah, USA
    Posts
    717
    Yes go for it might get attention from the security but perfectly legal.

    Carry on and thank you for your service

    Sent from my DROID BIONIC using Tapatalk
    Zach
    8014487574
    "A fear of weapons is a sign of retarded sexual and emotional maturity"

  7. #7
    Activist Member SigGuy23's Avatar
    Join Date
    Aug 2011
    Location
    Freeland, WA
    Posts
    323
    You're welcome

  8. #8
    Regular Member Kingfish's Avatar
    Join Date
    Apr 2007
    Location
    Atlanta, Georgia, USA
    Posts
    1,276
    Quote Originally Posted by SigGuy23 View Post
    I can't believe I had 75 views and only 2 people replied including you.
    There are a LOT of people who puruse the state forums that may not have ever even visited your fine state. I being one of them. I am considering a move out west in the near future and while Utah is not high on the list (4% beer limit...No thanks) I would still be visiting UT and OCing while doing so.

    Quote Originally Posted by SigGuy23 View Post
    Didn't need a lecture from a guy all the way in florida.
    Good advise no matter where you live.

  9. #9
    Regular Member
    Join Date
    Apr 2007
    Location
    Tucson, Arizona, USA
    Posts
    1,098
    Quote Originally Posted by SigGuy23 View Post
    So I'm on leave in utah right now and was wondering what the law is on purchasing and consuming alcohol while oc. Thanks
    Kevin already answered, but I'll just add that just about every time I visit family in SLC, I make a trip through the Sugarhouse district Liquor Store while open carrying. Never had any problems, and the staff there runs the full spectrum of politics.

  10. #10
    Regular Member xmanhockey7's Avatar
    Join Date
    Jun 2010
    Location
    Portage, MI
    Posts
    1,490
    Quote Originally Posted by Kingfish View Post
    There are a LOT of people who puruse the state forums that may not have ever even visited your fine state. I being one of them. I am considering a move out west in the near future and while Utah is not high on the list (4% beer limit...No thanks) I would still be visiting UT and OCing while doing so.

    Good advise no matter where you live.
    Utah prohibits beer that have over 4% alcohol content? If that's true I don't think I could ever live there.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

  11. #11
    Regular Member Brimstone's Avatar
    Join Date
    Nov 2008
    Location
    Lehi, UT, ,
    Posts
    63
    You can get beer with higher alcohol content in a liquor store. Most beer is the same here as elsewhere.

    http://www.deseretnews.com/m/article/335007968
    Fear causes hesitation; hesitation will cause your worst fears to come true.
    - The Bodasafa

    www.mp-pistol.com

  12. #12
    Campaign Veteran MAC702's Avatar
    Join Date
    Jul 2011
    Location
    Nevada
    Posts
    6,520
    Quote Originally Posted by Brimstone View Post
    You can get beer with higher alcohol content in a liquor store....
    And at the Brewery!

    http://www.wasatchbeers.com/devastator.html
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  13. #13
    Activist Member SigGuy23's Avatar
    Join Date
    Aug 2011
    Location
    Freeland, WA
    Posts
    323
    I ended up carrying in the liquor store in Murray on State Street. Didn't get a single negative response.

    As far as the alcohol content goes, all alcohol in Utah sold in local stores is beer and it's 3.2%. Anything higher is sold in the state liquor stores.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •