Re: No need for class 3 ore 4 in Utah ..very soon
As of now suppressors and sbrs are legal in Utah ... Let the federal battle begin
Herbert signs controversial gun bill
By Robert Gehrke
The Salt Lake Tribune
Updated: 02/26/2010 01:52:04 PM MST
Utah Gov. Gary Herbert signed into law a bill that would exempt Utah-made guns from federal firearms regulations.
"There are times when the state needs to push back against continued encroachment from the federal government. Sending the message that we will stand up for a proper balance between the state and federal government is a good thing," Herbert said in a statement.
Following the lead of Montana and Tennessee, the action sets the state up for almost-certain litigation.
Herbert said that, given the state's budget difficulties, he was sensitive to the potential costs of a lawsuit, but he has been assured by Attorney General Mark Shurtleff that steps can be taken to minimize the cost of litigation.
Shurtleff has said the state can likely have any lawsuit put on hold while litigation over a nearly identical bill in Montana makes its way through the courts.
"With the confidence that SB11 will further the dialogue on this important issue without unduly burdening Utah taxpayers, I chose to sign the legislation," Herbert said.
Herbert said Thursday that he has concerns about the constitutionality of the bill and the costs associated with defending it. He said he has serious doubts that the lawsuit will even make it to the U.S. Supreme Court.
Legislative attorneys warned that the measure "is highly likely to be held to be unconstitutional," but lawmakers still rallied to support it and it passed both the House and
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Senate with comfortable margins.
Sen. Margaret Dayton, R-Orem, the bill's sponsor, said in a statement that her measure "illustrates the universal yearning for freedom, and shows the people still feel the spark that inspired our ancestors at Lexington and Valley Forge. My hope is that the march toward tyranny can be turned back with our votes."
The measure exempts from federal firearms laws any guns, silencers, laser sights and magazines that are made in Utah, entirely from Utah materials and sold for use in the state.
Federal laws from which the products would be exempt deal with licensing of gun makers or sellers, criminal background checks, record-keeping and taxes.
The Utah-made products would be stamped, indicating they are made in the state, although the state has no system in place to regulate manufacturers, verify they are indeed Utah-made, or authority to enforce violations of the exemption.
