March 20, 2013

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 Senate, where it will be considered for concurrence.

ACTION ITEMS for Utah

1. Contact your State Senator. Strongly, but respectfully, let him or her know that you believe the right to keep and bear arms shall NOT be infringed and that you expect a YES vote on HB114. Since a vote could be coming within days, a CALL is far more valuable than an email.

contact info here:

http://le.utah.gov/GIS/findDistrict.jsp

Sen. Luz Robles — 801-550-6434 cell

Sen. Jim Dabakis — 801-815-3533 cell

Sen. Gene Davis — 801-647-8924 cell

Sen. Pat Jones — 801-278-7667 hm

Sen. Karen Mayne — 801-968-7756 hm

Sen. Wayne Harper — 801-566-5466 hm

Sen. Deidre Henderson — 801-787-6197 cell

Sen. Brian Shiozawa — 801-230-3406 hm

Sen. Wayne Niederhauser — 801-942-3398 hm

Sen. Aaron Osmond — 801-888-8742 cell

Sen. Howard Stephenson — 801-572-1038 hm

Sen. Daniel Thatcher — 801-759-4746 cell

Sen. Mark Madsen — 801-361-4787 wk

Sen. John Valentine — 801-224-1693 hm

Sen. Margaret Dayton — 801-221-0623 hm

Sen. Curt Bramble — 801-361-5802 cell

Sen. Peter Knudson — 435-730-4569 cell

Sen. Stuart Reid — 801-337-4182 cell

Sen. Allen Christensen — 801-782-5600 hm

Sen. Scott Jenkins — 801-731-5120 hm

Sen. Stuart Adams — 801-593-1776 hm

Sen. Todd Weiler — 801-599-9823 cell

Sen. Ralph Okerlund — 435-979-7077 cell

Sen. Lyle Hillyard — 435-753-0043 hm

Sen. Kevin VanTassell — 435-790-0675 cell

Sen. David Hinkins — 435-384-5550 hm

Sen. Evan Vickers — 435-817-5565 cell

Sen. Steven Urquhart — 435-668-7759 wk

2. Encourage your local community to take action as well.  Present the 2nd Amendment Preservation Act to your city county, your town council, or your county commissioners.  Various local governments around the country are already passing similar resolutions and ordinances.  Local legislative action is a great way to strengthen a statewide campaign against 2nd Amendment violations

model legislation here:

http://tenthamendmentcenter.com/2ndamendmentpreservation/

3. Get connected to what is happening in Utah on Facebook

Join and get active in the Utah 2nd Amendment Group on Facebook.

4.  Share this information widely.  Please pass this along to your friends and family.  Also share it with any and all grassroots groups you’re in contact with around the state.  Please encourage them to email this information to their members and supporters.

MODEL LEGISLATION and TRACKING

If you would like to see model legislation to introduce in your state to nullify federal firearm laws, please see The Tenth Amendment Center’s Model Legislation: The 2nd Amendment Preservation Act.

Track the status of 2nd Amendment preservation legislation in states around the country HERE.

ADDITIONAL READING AND RESOURCES

The 2nd Amendment Preservation Act IS constitutional – from Libertas here.

How to Respond to Unlawful Orders

The 2nd Amendment didn’t “grant” rights

http://blog.tenthamendmentcenter.com/2013/03/2nd-amendment-preservation-act-passes-utah-house-49-17/