Utah Legislature Passes Montana Style Exemption From Federal Gun Laws

The Utah legislature has passed a law similar to one passed in Montana last year that purports to exempt any firearm made in Utah from Federal regulation. This is from an AP story in the Helena Montana Independent Record:

SALT LAKE CITY — 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.

That last sentence about gun stores operating “with little or no oversight,” is just liberal AP reporter nonsense. States legislatures are just as capable of regulating guns as the federal government is and Utah has no shortage of gun regulations.

The bill now goes to Utah Gov. Gary Herbert. The Governor generally supports gun rights but has not said whether he will sign it. A spokesman said he might be concerned with the costs of litigation with the Federal government. David Hardy said on his blog, Of Arms and the Law:

The big difficulty, as I see it, is the Raich decision on medicinal marihuana, holding that growing and using marihuana in-State (and I think persons were forbidden to sell it) came within the Congressional power over interstate commerce.

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