Carrying Weapons While Intoxicated


Carrying Weapons While Intoxicated became a separate and distinct offense from the traditional Carrying Weapons charge in July, 2017.  Prior to 2017, the theory of prosecution was that intoxication invalidated a concealed weapons permit.  Now, the charge is simplified and makes it illegal under any but a few limited circumstances, to carry a dangerous weapon while intoxicated.  "Intoxication" under this section is defined the same as it is for operating while under the influence of alcohol. 

A person commits a serious misdemeanor if, while having an alcohol concentration over .08; any detectable amount of a controlled substance in their system; or is under the influence of alcohol, drugs, or a combination of drugs and alcohol:
  1. Carries dangerous weapon on or about person; or
  2. Carries a dangerous weapon within person’s immediate access or reach in vehicle


The limited exceptions to Carrying Weapons While Intoxicated, are as follows:
  1. The person is in their own dwelling, place of business, or land owned or possessed by person;
  2. Transitory possession or use of dangerous weapon during an act of justified self-defense or justified defense of another, as long as possession last no longer than immediately necessary to resolve emergency