The Utah Senate tentatively declared its independence from federal firearms laws Tuesday. Whether that defiance withstands a legal challenge remains to be seen.

Legislation sponsored by Sen. Margaret Dayton, R-Orem, would exempt firearms manufactured and sold within Utah from any federal regulations, including criminal-background checks and bans on certain types of weapons.

It is not a gun bill, Dayton said, but rather about states' rights. Montana and Tennessee have enacted nearly identical laws and, she said, 20 other states are considering such legislation.

"This is not a bill about the status quo," Dayton said. "It is a bill about challenging the status quo, and the states have a duty to enact legislation that challenges the courts when there has been legislation that infringes or hurts the rights of the citizen."

The Montana law has been challenged in court, and Utah's legislative attorneys have warned there is a high likelihood that Dayton's bill would not withstand constitutional scrutiny.

Senate Minority Leader Pat Jones, D-Holladay, said the cost of defending the legislation is unnecessary.

"This year in particular our budget is so very tight we're looking for every single penny we can possibly scrape up to pay for people with disabilities and public education," she said. "I'm concerned about the cost to our state in defending a bill like this."

The Senate gave tentative approval to the measure in a 19-10 vote, with all eight Democrats voting against the measure, along with Sens. Lyle Hillyard, R-Logan, and John Valentine, R-Orem, both of whom are attorneys.

The Senate is likely to give the measure final approval and send it to the House later this week.