Senate OKs gun bill, triggers federalism debate
This is an archived article that was published on sltrib.com in 2010, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

A bill that would deregulate Utah-made guns cleared the state Senate on Wednesday, with several lawmakers saying the measure puts the federal government on notice to stay out of Utah's business.

Sen. Margaret Dayton's SB11 -- which exempts firearms manufactured and sold in Utah from all federal regulations, including criminal-background checks -- passed 19-10 after several Democrats spoke against it.

"We should be avoiding message bills," said Sen. Ross Romero, D-Salt Lake City, "and this is a message bill." It also is one Romero argues is unconstitutional.

Legislative attorneys have warned that SB11 might not pass constitutional muster. The U.S. Justice Department is suing to invalidate a similar Montana law, arguing the federal government has regulated firearms for 75 years.

"If this is about federalism, I think it's the wrong vehicle," said Sen. Gene Davis, D-Salt Lake City, who also deemed the bill unconstitutional.

Sen. Stephen Urquhart, R-St. George, countered that every bill is a "message" bill. And the message in SB11, he added, is that Utah is "sovereign and we take our sovereignty seriously."

cmckitrick@sltrib.com

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