Citizen Portal
Sign In

Get Full Government Meeting Transcripts, Videos, & Alerts Forever!

Get email alerts on the Guns States Rights topic

No spam. Unsubscribe anytime.

House passes SB11 after heated debate over states’ rights and likely legal challenge

Utah House of Representatives · February 10, 2010
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

After a prolonged floor debate over constitutionality and fiscal risk, the Utah House passed Senate Bill 11, the Utah State‑Made Firearms Protection Act, following a motion to reconsider; final passage was 56 yes, 17 no. Supporters framed the measure as a states’ rights assertion; opponents warned it is likely unconstitutional and could require state resources to defend in court.

The Utah House of Representatives passed Senate Bill 11, the Utah State‑Made Firearms Protection Act, after an extended floor debate and a motion to reconsider that returned the bill for final passage.

Representative Sandstrom, the House sponsor, told the chamber the bill "is about states' rights," explaining it would exempt firearms and ammunition manufactured and sold solely within Utah from certain federal regulation. He and other backers said similar measures have been introduced or adopted in other states and described the bill as an effort to reassert state sovereignty over intrastate commerce.

Opponents repeatedly raised constitutional and fiscal objections. Representative Chavez‑Houck said she "rises in opposition" and urged members not to adopt potentially unconstitutional legislation that the state may be forced to expend resources to defend. Representative King cited the legislative review note and warned the bill "is highly likely to be held unconstitutional under The United States Constitution's supremacy clause," urging defeat to avoid costly litigation while the state faces budget constraints.

Supporters including Lieutenant Powell and Representative Wimmer acknowledged the legal risks discussed by counsel but said the question of federal power versus state authority is worth litigating and that the state has a duty, in their view, to defend its sovereignty. Floor discussion touched repeatedly on federal precedent and Supreme Court rulings on the Commerce Clause as they relate to state authority.

Procedurally, the chamber initially recorded a passage vote and later entertained a motion to reconsider; that motion carried, bringing SB11 back to the floor. After reconsideration and brief additional remarks, the House recorded final passage with 56 yes and 17 no. The bill will be signed by the Speaker and returned to the Senate for the President's signature.

The floor record shows members on both sides focused on two distinct concerns: (1) legal vulnerability under the Supremacy Clause and the probable cost of defending the statute if challenged, and (2) the principle of state sovereignty and the desire among some constituents to press those claims now despite the risk of litigation. The fiscal note attached to the bill contained no specific estimate of litigation costs; floor speakers said any defense would likely involve the Attorney General's Office.

The House's action does not itself resolve whether the law will survive judicial review. Sponsor and supporters indicated they expect litigation if the bill becomes law; opponents said the state should await court rulings in other states before adopting measures that could commit scarce budget resources to legal defense.

The House recorded a final passage vote of 56 yes and 17 no. The bill will be returned to the Senate for the President's signature as the next procedural step.