Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Restoration Of Rights topic
No spam. Unsubscribe anytime.
House approves state appeal process to restore gun rights for some adjudicated individuals after heated debate
Summary
The House passed first substitute HB266 (restoration of right to bear arms) 44–31 after extensive debate over mental-health adjudication, safeguards and federal funding; sponsor said the bill frames a state court appeal for restoration and amended its fiscal note to $13,100.
After extended debate, the Utah House passed first substitute House Bill 266 on Feb. 13, approving a state process for some adjudicated individuals to petition to have firearm rights restored.
Representative Matt Throckmorton, the bill sponsor, said the measure would create a court-based appeal process that mirrors certain federal provisions but places the restoration machinery within Utah courts. He acknowledged federal rules and case law but said the federal administrative appeal process has been unfunded and that the proposed state procedure would be dormant until federal funding or parallel federal processes made it operative; Throckmorton told the chamber the bill’s fiscal note was revised on the floor from approximately $65,000–$70,000 to $13,100.
Opponents raised safety and scope concerns. Representative Cox asked whether the bill could permit a person adjudicated mentally incompetent to stand trial for a felony — including multiple homicides — to regain firearm rights; he said, “That scares me to death.” Throckmorton and other proponents responded that the restoration procedure requires notice, opportunity for affected parties to testify and judicial review, and that judges would be unlikely to restore rights in extreme cases.
Representative McCartney, citing federal history, warned the House that Congress had earlier enacted and then later defunded administrative relief tied to 18 U.S.C.; he urged caution and said a responsible legislature should not pass the measure. The sponsor said the federal statute remains on the books but funding lapsed and that the state provision would provide a remedy for persons who have completed treatment and are no longer receiving medication or court supervision.
Floor amendments narrowed eligibility and replaced permissive drafting language; the chamber voted to adopt amendments and ultimately passed the bill 44–31. Representative Throckmorton said the bill “puts an appeal process in our courts, trusting it to our judges” for those who have completed treatment and are no longer under medication or treatment.
Next steps: HB266 was passed by the House and referred to the Senate for consideration.
