January 26, 2010

Utah May Join Firearms Rights Battle; Browning Affected?

While Montana gun-rights advocates prepare to battle the federal government's domain over regulating firearms manufactured and sold within the state's boundaries, Sen. Margaret Dayton, R-Orem, is sponsoring a bill that could put Utah in the same fight.

Dayton's SB11 proposes changes nearly identical to the new Montana statute, pursuing the matter via interpretation of state sovereignty protections under the 10th Amendment.

In Montana Rep. Joel Boniek, R-Livingston, was the lead sponsor of HB246, which went into effect last October and has come to be known as the "Montana Firearms Freedom Act." He has said it was his intent from the beginning to mount a challenge to how the federal government views states' rights.

Margaret Dayton

Utah State Senator Margaret Dayton

"It is time to revisit the argument," Boniek said Friday. "Many of us believe that states' rights have not just been neglected, but overrun."

While the fate of Boniek's bill now falls within the purview of the federal court system, Dayton's version has already raised a red flag with Utah's own Office of Legislative Research and General Counsel. The office's legal review notes that while Dayton's proposal limits itself to addressing commerce that occurs wholly within state boundaries, because it "purports to limit the reach of federal law and is inconsistent with the federal firearms provisions, this legislation is highly likely to be held to be unconstitutional under the United States Constitution Supremacy Clause."

There are a handful of Utah-based gun manufacturers, including one of the largest in the industry, Browning Firearms.

Comments (5)

Activist judges, lawyers and elitist people groups seem to think we deserve to lose everything they can take away from us, especially if they can do it without us knowing about it untill it's too late, or is it?

Posted by: Vernon R | January 28, 2010 4:33 PM    Report this comment

Kudos to the brave souls that are pushing this issue. We need to go back to the Constitution. The people have let our rights go soft. Let's get'em back.

Posted by: Mister E | January 28, 2010 2:29 PM    Report this comment

The Supremacy clause states that the Constitution is the supreme law of the USA. How can the courts possibly rule that unconstitutional federal gun laws trump constitutional state laws?
It's insane the lengths the courts go to to reach the political and/or social result they desire regardless of the law or principles involved.

Posted by: EdD270 | January 28, 2010 1:32 PM    Report this comment

South Dakota legislature is looking at something similar this session. SB 89.

Posted by: compshoot61 | January 28, 2010 12:02 PM    Report this comment

It would seem that the federal Government, through the Supreme Court has made it so the individual states have NO RIGHTS if they take Fed money.If Boniek's Bill falls under the Fed Court purview,then the State of Utah has no rights at all unless the Fed Court gives them that right.Again we see the federal Court system getting involved in State's rights.

Posted by: Sharps | January 28, 2010 10:46 AM    Report this comment

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