After multiple committee hearings in recent weeks, yesterday the 2nd Amendment Preservation Act was passed by the Utah House Judiciary Committee. The vote was 7-2 and the bill will now move to the full state house for consideration, debate and full vote.
House Bill 114 (HB114) was introduced by 1st-Term State Representative Brian Greene and 24 cosponsors. The bill would nullify most federal gun control measures on firearms, accessories and ammunition either owned OR made within the state. The bill affirms that:
it is the exclusive authority of the state Legislature to adopt and enact any and all laws, orders, rules, or regulations regarding the manufacture, transfer, possession, ownership, and use of firearms exclusively within this state
It also takes the strong constitutional positions that laws which are contrary to the 2nd Amendment are no law at all:
finds that a federal statute, regulation, rule, or order that has the purpose, intent, or effect of confiscating or banning any firearm, firearm accessory, limiting the capacity of a firearm magazine, imposing any limitation on ammunition or an ammunition component, or requiring the registration of any firearm or ammunition infringes on the right of citizens of Utah to keep and bear arms as protected by the Second Amendment to the United States Constitution and Article I, Section 6 of the Utah Constitution.
Alexander Hamilton proclaimed the same when he wrote the following in Federalist #78:
“Every act of a delegated authority contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the constitution, can be valid.”
The bill also includes a prohibition on both state and federal agents who attempt to violate the act in the State of Utah:
(1) An officer or employee of this state, or of any political subdivision, may not enforce, attempt to enforce, or be compelled to enforce any federal statute, order, rule, or regulation relating to the intrastate ownership, possession, sale, or transfer of a personal firearm, a firearm accessory, ammunition, or ammunition component.
(2) An officer or employee of the federal government may not enforce or attempt toenforce any federal statute, order, rule, or regulation relating to the intrastate ownership, possession, sale, or transfer of a personal firearm, a firearm accessory, ammunition, or ammunition component.
While the bill has good support in the grassroots and a number of co-sponsors, inside sources tell us that it’ll require strong support from the grassroots to keep the bill moving forward.
ACTION ITEMS for Utah
1. Contact your state representative. Strongly, but respectfully, let him or her know that you want them to vote YES on HB114.
contact info here:
2. Encourage your local community to take action as well. Present the 2nd Amendment Preservation Act to your city county, your town council, or your county commissioners. Various local governments around the country are already passing similar resolutions and ordinances. Local legislative action is a great way to strengthen a statewide campaign against 2nd Amendment violations
model legislation here:
3. Share this information widely. Please pass this along to your friends and family. Also share it with any and all grassroots groups you’re in contact with around the state. Please encourage them to email this information to their members and supporters
LEGISLATION AND TRACKING
If you would like to see model legislation to introduce in your state to nullify federal firearm laws, please see The Tenth Amendment Center’s Model Legislation: The 2nd Amendment Preservation Act.
Track the status of 2nd Amendment preservation legislation in states around the country HERE
ADDITIONAL READING AND RESOURCES
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