Utah bill to declare state — not cities or counties — has final say on gun regulation clears Senate

Alan Rogers, of Ashman’s Pioneer Market in Fillmore, units up for the Crossroads of the West gun present on the South Towne Expo Heart in Sandy on Nov. 21, 2008. After two years of failed makes an attempt, a Utah invoice that clarifies solely the state — not cities, counties or different native entities — can enact firearm rules cleared a serious legislative hurdle on Thursday.

Kristin Murphy, Deseret Information

After two years of failed makes an attempt, a Utah invoice that clarifies solely the state — not cities, counties or different native entities — can enact firearm rules cleared a serious legislative hurdle Thursday.

The Utah Senate voted 20-5 to approve SB115, with Democrats voting towards. It now goes to the Home for consideration — however the Senate was a hurdle earlier variations of the invoice had not survived in years previous.

Upon ultimate approval, the invoice would shut a loophole in state regulation that has allowed Salt Lake County to require distributors at gun reveals in county services to conduct background checks for the reason that starting of 2020.

In 2020, the proposal cleared the Home on a party-line vote however stalled within the Senate after Senate leaders declined to prioritize it together with a slew of different firearms-related payments. One other iteration of the invoice additionally died in 2021 after it cleared the Home however by no means reached a listening to within the Senate.

Invoice sponsors Sen. Chris Wilson, R-Logan, and Rep. Cory Maloy, R-Lehi, have mentioned they’re pushing SB115 to protect Utahns’ freedoms and Second Modification rights with out “pointless authorities interference.”

“In recent times, native governments have tried to take advantage of loopholes in state regulation to manage firearms at conventions, not performing in the very best pursuits of all Utahns,” Wilson mentioned on the Senate flooring on Tuesday, when it was up for an preliminary vote.

“The aim of this invoice is to make clear and shield residents from native authorities gun rules that contradict state regulation.”

Wilson mentioned present Utah regulation already prohibits cities and counties from enacting any firearm rules on possession, possession, switch or transport of a gun.

“Native governments are prohibited from immediately regulating firearms,” Wilson mentioned. “This invoice makes it clear that native governments would not have authority to manage firearms.”

The invoice declares that the Utah Legislature “occupies the entire discipline of state regulation of firearms” and makes clear that state and native authorities entities — together with faculties, universities, public faculties, cities, counties and different native entities — “might not enact or implement a directive that violates” the state’s authority over firearm regulation.

If a neighborhood authorities tries to manage firearms, the invoice would enable native authorities entities to be sued, and “ensures the native authorities is liable,” Wilson mentioned.

Democrats together with Sen. Derek Kitchen, D-Salt Lake Metropolis, pushed again towards the invoice, calling it a “regarding” and “broad blanket prohibition.” Kitchen expressed concern that it might prohibit cities from regulating “the place a gun retailer, for example, may be positioned.”

“I feel it is a fairly clear overreach from the state,” Kitchen mentioned.

Sen. Kathleen Riebe, D-Cottonwood Heights, mentioned she was “shocked” to study rural counties together with Duchesne and Millard counties have the state’s highest charges of gun violence. She additionally pointed to a capturing final month on a West Valley Metropolis sidewalk that left two Hunter Excessive Faculty freshman soccer gamers useless and a sophomore soccer participant hospitalized.

“I really feel like we have to enhance our accountability, not lower it,” Riebe mentioned.

Whereas some Democratic lawmakers questioned whether or not the invoice would influence the state’s suicide fee, Republicans pushed again, arguing a invoice clarifying the state’s authority over firearm regulation wouldn't have an effect on suicide charges.

“The very fact of the matter is most gun violence within the state of Utah is self hurt,” Sen. Daniel Thatcher, R-West Valley Metropolis, mentioned. “That could be a tragic reality and one thing we have now been engaged on and one thing we have now addressed in different payments. This invoice won't have an effect on the suicide fee within the state of Utah.”

SB115 now goes to the Home, the place earlier variations have sailed by means of with broad help.

Contributing: Ashley Imlay