UT2010SB11

Senator Margaret Dayton has introduced legislation S.B.11 for the 2010 session that would prohibit federal intervention in intrastate firearms manufacture and sales.

http://le.utah.gov/~2010/bills/sbillint/sb0011.htm

This legislation begins with an appeal to the 10th amendment. It further states that: Certain firearms are excluded from exemption in this act, such as automatic weapons and some large weapons.
 * The Utah Constitution protects the states citizens' right to keep and bear arms.
 * Arms manufactured and sold within the state of Utah are not subject to Federal law.
 * Using a small amount of imported material from other states does not subject firearms to federal law.
 * Unformed materials are not firearms and not subject to firearm laws.
 * Accessories to firearms are not in themselves firearms and are not subject to firearm laws.

Firearms must be stamped with the words "Made in Utah (or UT)".

The analysis for this act is not positive. The Office of Legislative Research and General Counsel believes that it will not stand up in the Supreme Court. This is the concluding paragraph of their anaylysis:


 * Congress has provided a comprehensive system for regulating the manufacture of firearms, including broad licensing requirements. Congress has also provided that contrary state laws are invalid. Existing judicial interpretations of Congress's power to regulate intrastate conduct allow the manufacture of firearms to be restricted by federal law. Accordingly, because this legislation purports to limit the reach of the 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's Supremacy Clause.

The right to keep and bear arms is a basic human right. This act needs to be passed to protect Utahns from increasing Federal restrictions placed on firearms. It deserves full support from Utahns.