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Utah Senate approves bill asserting state control over intrastate firearms sales; critics warn of constitutional, fiscal risks

Senate of the State of Utah · February 2, 2010
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Summary

The Utah Senate advanced Senate Bill 11, the "Utah State Made Firearms Protection Act," after a floor debate about federal authority under the Commerce Clause. Sponsor Senator Margaret Dayton framed the measure as a Tenth Amendment challenge; opponents cited a constitutional-note predicting likely judicial invalidation and potential state litigation costs.

Senate Bill 11, titled the Utah State Made Firearms Protection Act and sponsored by Senator Margaret Dayton, cleared the Senate floor with a recorded 19-10 vote and was placed on the third-reading calendar.

Dayton told colleagues the bill is meant to assert state authority over goods made and sold entirely within Utah, saying the measure "states in essence that guns made in Utah, sold in Utah as well as ammunition made in Utah, sold in Utah are not subject to federal regulation." She framed the proposal as testing the limits of federal power under the Commerce Clause and cited historical Supreme Court decisions, including Wickard v. Filburn, to explain the constitutional rationale behind the measure.

Opponents urged…

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