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purchasing alcohol while oc in ut

SigGuy23

SigGuy23

Activist Member
Joined
Aug 21, 2011
Messages
323
Location
Freeland, WA
So I'm on leave in utah right now and was wondering what the law is on purchasing and consuming alcohol while oc. Thanks
 
R

RetiredOC

Campaign Veteran
Joined
Dec 21, 2009
Messages
1,561
<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.
 
SigGuy23

SigGuy23

Activist Member
Joined
Aug 21, 2011
Messages
323
Location
Freeland, WA
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.
 
Kevin Jensen

Kevin Jensen

State Researcher
Joined
Feb 23, 2007
Messages
2,313
Location
Santaquin, Utah, USA
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. :rolleyes:

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.
Click to expand...

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.
Click to expand...
 
SigGuy23

SigGuy23

Activist Member
Joined
Aug 21, 2011
Messages
323
Location
Freeland, WA
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.
 
U

Utah_Patriot

Regular Member
Joined
Jun 13, 2008
Messages
718
Location
Kearns, Utah, USA
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
 
Kingfish

Kingfish

Regular Member
Joined
Apr 10, 2007
Messages
1,276
Location
Atlanta, Georgia, USA
SigGuy23 said:
I can't believe I had 75 views and only 2 people replied including you.
Click to expand...
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.

SigGuy23 said:
Didn't need a lecture from a guy all the way in florida.
Click to expand...
Good advise no matter where you live.
 
P

PavePusher

Regular Member
Joined
Apr 26, 2007
Messages
1,096
Location
Tucson, Arizona, USA
SigGuy23 said:
So I'm on leave in utah right now and was wondering what the law is on purchasing and consuming alcohol while oc. Thanks
Click to expand...

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.
 
X

xmanhockey7

Regular Member
Joined
Jun 15, 2010
Messages
1,195
Kingfish said:
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.
Click to expand...

Utah prohibits beer that have over 4% alcohol content? If that's true I don't think I could ever live there.
 
SigGuy23

SigGuy23

Activist Member
Joined
Aug 21, 2011
Messages
323
Location
Freeland, WA
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.
 
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