Sunday, January 20, 2013

Proposed 2nd Amendment Preservation Act - Utah


During yesterday's rally on the capitol steps of Utah, we heard Brian Greene announce a bill that would protect gun owner's right to keep and bear arms within the borders of Utah.  The proposed 2nd Amendment Preservation Act would protect all guns and gun owners in the state of Utah from federal statutes.  I will have regular updates on this bill, as I feel it is the most important piece of legislature Utah is currently working on.  As things change, I will make them available here.  Also note that when this goes into committee to be voted on, we need every Utah gun owner to swarm the capitol steps and make our voices heard.  Bring your signs, show your support.  We cannot afford to yawn our way through this.  The fight has just begun, and I am just getting warmed up.

For your reference, I've provided the current text of the bill, as provided by UtahGuns.com with my thanks to them for leading this charge.


A BILL
For
AN ACT relating to firearms; providing that it is the exclusive authority of the Legislature of this State to adopt and enact any and all laws, orders, rules or regulations as may be deemed necessary regarding the manufacture, transfer, possession, ownership, and/or use of firearms within the State of Utah, and that any federal action which attempts to impose limitations on firearms contrary to the Second Amendment of the Constitution of the United States, or the Constitution or laws of the State of Utah, shall be unenforceable in Utah; providing a penalty; and providing for an effective date.
Be It Enacted by the Legislature of the State of Utah:
Section 1 - Prohibition on federal infringement of the right to keep and bear arms.
A. The Legislature of the State of Utah declares that it shall be the exclusive duty of this Legislature to:
1) adopt and enact any and all laws, orders, rules or regulations it deems necessary and proper regarding the manufacture, transfer, possession, ownership, and/or use of firearms within the State to protect the health and safety of the citizens of Utah; and
2) adopt and enact any and all measures it deems necessary to prevent the enforcement of any federal acts, laws, orders, rules, or regulations that violate the 2nd Amendment to the Constitution of the United States, or the Constitution or laws of the State of Utah.
B. All laws, orders, rules and regulations pertaining to firearms, firearm accessories or ammunition enacted or authorized by the Legislature of the State of Utah shall enjoy legal primacy within the State of Utah over any and all federal laws, orders, rules and regulations.
Section 2 - Offenses and penalties; defense of Utah public servants and citizens.
A. No public servant or dealer selling any firearm in this state shall enforce or attempt to enforce any law, order, rule or regulation of the United States government relating to a personal firearm, firearm accessory or ammunition that is owned or manufactured commercially or privately in Utah and that remains exclusively within the borders of Utah.
B. Any official, agent or employee of the United States government who enforces or attempts to enforce any law, order, rule or regulation of the United States government upon a personal firearm, a firearm accessory or ammunition that is owned or manufactured commercially or privately in Utah and that remains exclusively within the borders of Utah shall be guilty of a third degree felony, and subject to imprisonment not exceed five (5) year and/or a fine not to exceed five thousand dollars ($5,000.00).
C. The attorney general of Utah shall develop a program to provide for the defense of a public servant or citizen of Utah who is prosecuted by the United States government for violation of a federal law, order, rule or regulation relating to the manufacture, sale, transfer or possession of a
firearm, a firearm accessory or ammunition when such activities are contained exclusively within the borders of Utah.
D. Any federal law, order, rule or regulation created or effective on or after January 1, 2013 shall be unenforceable within the borders of Utah if the law, order, rule or regulation attempts to:
1) ban or restrict the manufacture, ownership, possession, sale, or transfer of any specific type of firearm, firearm magazine, firearm accessory, or ammunition;
2) require enhanced criminal background checks or waiting periods in connection with the purchase or transfer of any firearm, firearm magazine, firearm accessory, or ammunition;
3) require the ownership, possession, sale or transfer of any firearm, firearm magazine, firearm accessory, or ammunition to be registered in any manner; or
4) require the disclosure or sharing of personal information connected with the ownership, possession, sale or transfer of any firearm, firearm magazine, firearm accessory, or ammunition with the Federal Government or other states without the written consent of the individual to who such personal information pertains.
Section 3 – Effective Date
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by the Utah Constitution.

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