Utah Lawmakers Pass Gun Regulation Exemption Bill

[Gordon Ray Kissinger]

Utah lawmakers pass gun regulation exemption bill

February 10th, 2010 @ 8:34pm

By Joseph Freeman, AP writer

http://www.ksl.com/?nid=148&sid=9642976

SALT LAKE CITY (AP) -- Guns made and kept in Utah would be exempt from federal regulations under a measure passed by the Utah Legislature Wednesday, despite concerns over an expensive legal fight at a time when the budget is already stretched thin.

Senate Bill 11 was passed by the Utah House 56-17.

The proposal mirrors one Montana signed into law last year that's intended to trigger a federal court battle. The measures would allow guns made in the respective states to be exempt from federal gun registration rules like background checks and dealer-licensing.

The goal is to circumvent federal authority over interstate commerce, the legal basis for most gun regulation in the U.S.

In the process, it could lead to small arms dealers in the state operating with little to no oversight.

Sen. Margaret Dayton, an Orem Republican, has said her bill is part of a broader effort to send a message to Congress that the federal government is overstepping its bounds.

Rep. Stephen Sandstrom, R-Orem, said the bill isn't just about guns. It's also about state's rights, he said.

The House sponsor of the proposal, Sandstrom said other states have similar bills in the works and he's been speaking with legislators across the nation who are actively involved.

The bill now goes to Utah Gov. Gary Herbert. Spokeswoman Angie Welling said Herbert supports legislative efforts to reaffirm states' rights, but is concerned about the possible legal costs that would go with constitutional challenges.

One thing that Sandstrom wants the governor to keep in mind is the popular support he says he's seen for the legislation.

"I think the governor better think long and hard about this bill because I don't think he truly understands the depth and commitment that people have in this state to seeing it going forward," he said.

Democratic lawmakers urged the House Wednesday to vote against the measure on both fiscal and constitutional grounds.

They argued that Utah's expected $700 million budget shortfall in 2011 should make the state uncomfortable about possibly getting roped into a pricey legal battle.

"I'm looking at our budget for next year and the drastic disabling cuts," Rep. Christine Johnson, D-Salt Lake City, said. "I think it's advantageous to allow Montana to be the laboratory for this experiment."

That process has already begun.

The Department of Justice, in a brief filed last month, asked a judge to dismiss a lawsuit filed last year by gun advocates in Montana who argued the state should decide which rules, if any, would control the sale and purchase of guns and paraphernalia made in Montana.

The brief said the 1934 National Firearms Act was first put in place to regulate guns that could be "used readily and efficiently by criminals or gangsters."

Congress followed it in 1968 with a gun control act aimed at decreasing serious crime, and further strengthened its control over interstate commerce, the brief said.

Those laws and others all mean to keep tabs on guns that easily pass between state borders, the Justice Department argued.

Rep. Brian King pointed to the legal advice included in the bill that it "is highly likely to be held unconstitutional."

"This is madness," the Salt Lake City Democrat said. "I don't think this is a close call."

(Copyright 2010 by The Associated Press. All Rights Reserved.)

[Gordon Ray Kissinger]

Related-

http://militias.ning.com:80/group/unitedstatesmilitia/forum/topic/s...

Any Montana residents on here
Posted by Donnie on February 18, 2010 at 6:01pm in United States Militia

One small step for Wyoming, one giant leap for gun rights
Wyoming is on the verge of passing two key pieces of gun rights legislation.

HB-95, The Wyoming Firearms Freedom Act, and HB-113 “Alaska-style” permit-less concealed carry, are facing an up-or-down vote before the Wyoming State House of Representatives.

On Tuesday, National Association for Gun Rights Director of Operations Luke O’Dell was on hand to testify before the Wyoming State House Judiciary Committee on behalf of both HB-95, the Wyoming Firearms Freedom Act, and the HB-113, “Alaska-style” permit less carry.

You may be asking yourself, “Why do I care, I don’t live in Wyoming?”

It’s simple: The higher the bar is set, the more pro-gun pieces of legislation pass across the country, the stronger the gun rights movement gets.

Passage of permit-less “Alaska-style” concealed carry in Wyoming would be a huge step forward toward true firearms freedom. Only in Alaska and Vermont can law-abiding citizens carry concealed firearms for their own protection without getting Big Brother’s approval. Should Wyoming join their ranks, the right-to-carry will have taken a major step forward.

Additionally, Wyoming’s Firearms Freedom Act was written with much stronger language than similar legislation in other states. Wyoming’s bill included penalties for state law enforcement enforcing Federal laws which contradict Wyoming state law.

I’m happy to say that Wyoming Gun Owners, a partner of ours, has been leading the charge for both pieces of legislation.

Now it’s our turn to help out.

If you live in Wyoming, or know someone who does, please have them contact their Wyoming legislator and tell them to vote “Yes” on HB-95 and HB-113.

You can find contact information for Wyoming State Legislators here.

If you’re not from Wyoming, go ahead and drop them a line anyways. Tell them that you support their efforts to advance freedom in Wyoming.

And if you’d like to help Wyoming Gun Owners pass this legislation by making a donation, click here.

For Liberty,

Dudley Brown
Executive Director
National Association for Gun Rights

[Gordon Ray Kissinger]

Thanks for the update, Phil.

[PHILIP SCHNEIDER]

"The bill now goes to Utah Gov. Gary Herbert. Spokeswoman Angie Welling said Herbert supports legislative efforts to reaffirm states' rights, but is concerned about the possible legal costs that would go with constitutional challenges."

"They argued that Utah's expected $700 million budget shortfall in 2011 should make the state uncomfortable about possibly getting roped into a pricey legal battle."

"I'm looking at our budget for next year and the drastic disabling cuts," Rep. Christine Johnson, D-Salt Lake City, said. "I think it's advantageous to allow Montana to be the laboratory for this experiment."

When an issue of "States Rights" vs "Federal Government" becomes one of, "who has more money the fed or states", the states have already lost.

The gun rights issue has to be orchestrated exactly right to insure that any additional future state vs fed cases turns in favor of the states. These last 90 years of fed power concentration have led us to where we are now, where the current administration thinks it can act without limits.
It is only the show of last years TEA PARTY marches that have made congress and president hesitate to proceed to the use of marshal law and/or submit all legislation to making sure that WE, the masses of patriotic citizens, don't throw all of the legislators out of office in the next election.

It is NOT too early for the start of a peaceful revolution . . . . . in fact I think it has already begun.
There is safety in numbers and as long as there is no leader, are no leaders, the fed cannot single out one individual or group of individuals against whom they can take action.

[Roger Dail May]

I think they are on the right road with this. I hope Missouri looks long hard at here.