Navigation

Utah Senate Passes Firearms Freedom Act

By on February 3, 2010 in Firearms Freedom Act, Sovereignty Movement, State Sovereignty 7

utah-flagToday, on its 3rd reading, the Utah Senate passed SB11, the Firearms Freedom Act, by a vote of 19-10. The bill states:

A personal firearm, a firearm action or receiver, a firearm accessory, or ammunition that is manufactured commercially or privately in the state to be used or sold within the state is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce.

The Utah Senate is the first legislative body to pass a Firearms Freedom Act in the 2010 legislative session.  In 2009, both Tennessee and Montana passed the Act into state law.

NULLIFICATION

The principle behind such legislation is nullification, which has a long history in the American tradition. When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as the state is concerned. Implied in such legislation is that the state apparatus will enforce the act against all violations – in order to protect the liberty of the state’s citizens.

All across the country, activists and state-legislators are pressing for similar legislation, to nullify specific federal laws within their states.

A proposed Constitutional Amendment to effectively ban national health care will go to a vote in Arizona in 2010, and the Virginia Senate this week passed a similar bill, which now awaits action from the state house.

Fourteen states now have some form of medical marijuana laws – in direct contravention to federal laws which state that the plant is illegal in all circumstances. And, massive state nullification of the 2005 Real ID Act has rendered the law nearly void.

NEXT STEP

SB11 has been transmitted to the Utah House, where it already received its first reading.  It’s currently in the House Rules committee awaiting further action.

CLICK HERE to view the Tenth Amendment Center’s printable Firearms Freedom Act Brochure (pdf)

CLICK HERE to view the Tenth Amendment Center’s Firearms Freedom Act Legislative Tracking Page

Enjoyed This Post?

We cannot succeed without your help, as we will never accept government grants or handouts. Please help us by investing in the Constitution and freedom today!

Enjoyed This Post?

,

5 comments
  Livefyre
Newest | Oldest
wiley wall
wiley wall

If a person wants to commit suicide, he will find a means to do it.......by knife, car, rope, carbon monoxide. You can't blame guns.

Grandma
Grandma

We just had a young friend, age 25 commit suicide using a firearm. Utah is fast becoming one of the suicide-by-firearm capitols of the U.S. We are also a rapidly developing into corridor for the illegal guns/drug traffickers.

http://www.nytimes.com/2007/04/17/health/17risk.h...

Our new State Motto should read, "in guns we trust".

THOMAS DYCHES
THOMAS DYCHES

GOOD POINT "TOOTHLESS." I ADMIRE & AGREE WITH THE SENTIMENT OF THE UTAH LAW ACT BUT IT DOES SEEM TO LACK THE TEETH OF APPLICATION IF AN ISSUE ARISES.

Michael Boldin
Michael Boldin

A state law does not need teeth - it is law, and when enacted, it is the duty of the state to enforce it.

People are often confusing these laws with the many 10th amendment resolutions that have been introduced around the country the last 2 years - those are non-binding, and the state is not required to enforce them.

Binding laws, such as this bill - require the state to enforce them. While it will still be difficult to make that happen (it will require major public pressure) additional teeth, as you call it, is not needed. Teeth are in a bill by its very existence.

Toothless sound bite
Toothless sound bite

It would be less of a unenforceable symbolic futile forlorn hope if the Utah House added *penalties* like this:

State Agents:

Any public servant of the State of New Hampshire as defined in RSA 640:2 that enforces or attempts to enforce a act, order, law, statute, rule or regulation of the government of the United States upon a personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in New Hampshire and that remains within the State of New Hampshire shall be guilty of a class A misdemeanor.

Federal Agents:

Any official, agent, or employee of the government of the United States, or employee of a corporation providing services to the government of the United States that enforces or attempts to enforce a act, order, law, statute, rule or regulation of the government of the United States upon a personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in New Hampshire and that remains within the State of New Hampshire shall be guilty of a class B felony.

Trackbacks

  1. Utah Passes Firearms Freedom Act « A Geek With Guns says:
    February 4, 2010 at 8:41 am

    [...] a comment » Well it appears as though Utah has passed their own Firearms Freedom Act in a vote of 19 to 10. That’s good news to [...]

  2. uberVU - social comments says:
    February 3, 2010 at 7:13 pm

    Social comments and analytics for this post…

    This post was mentioned on Twitter by TenthAmendment: #10th: Utah Senate Passes Firearms Freedom Act http://blog.tenthamendmentcenter.com/2010/02/utah-senate-passes-firearms-freedom-act/…