2nd Amendment Preservation Act Passes Utah House, 49-17
SALT LAKE CITY (March 8, 2013) – In Salt Lake City this morning, the Utah State House of Representatives voted to nullify all federal gun laws, rule, regulations and orders on firearms, firearm accessories and ammunition.
House Bill 114 (HB114), introduced by Representative Brian Greene state, in part:
An officer or employee of the federal government may not enforce or attempt 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.
The Utah House passed the bill by a vote of 49-17 (see how reps voted here)
HB114 also takes the strong constitutional position 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 takes the extremely important step in a full prohibition on all state and local enforcement of federal gun laws, rules, regulations or orders on firearms, accessories and ammunition owned or manufactured in the state (read: all)
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.
Connor Boyack, president of Libertas Utah, one of the leading grassroots organizations pushing for passage of the bill, considers the 2nd Amendment Preservation Act to be part of a bigger movement in Utah. He said:
HB114 is an important addition to Utah’s recent efforts to oppose federal encroachment into areas over which Washington has never been delegated authority. Individuals throughout Utah have been demanding that their representatives protect their right to keep and bear arms, and this bill is a good step in the right direction.
The bill now moves on to the State House, where it will be considered for concurrence. More…
Categories: Gun Control