Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 219 Second Substitute (2023GS)

Sponsor

Rep. Lisonbee, K.

Final action

Governor Signed 3/20/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• declares the state's commitment to the Second Amendment to the United States Constitution; and
• declares that the state and its political subdivisions will not enforce federal regulations that purport to restrict or ban certain firearms, ammunition, or firearms accessories.

Every vote on this bill

Bill text

FIREARMS REGULATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill declares that the state will not enforce certain federal firearms regulations.
Highlighted Provisions:
This bill:
▸ declares the state's commitment to the Second Amendment to the United States
Constitution; and
▸ declares that the state and its political subdivisions will not enforce federal
regulations that purport to restrict or ban certain firearms, ammunition, or firearms
accessories.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
ENACTS:
53-5a-201
, Utah Code Annotated 1953
53-5a-202
, Utah Code Annotated 1953
53-5a-203
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-5a-201
 is enacted to read:
Part 2. Federal Firearm Enforcement Limitation Act
 53-5a-201.
 Findings.
To protect and preserve the individual right to keep and bear arms as guaranteed by the
Second Amendment to the United States Constitution and Utah Constitution, Article I, Section
6, the Legislature makes the following findings:
(1) the Tenth Amendment to the United States Constitution guarantees to the state and
the state's people all powers not granted to the federal government elsewhere in the United
States Constitution and reserves to the state and people of Utah certain powers as those powers
were understood at the time that Utah was admitted to statehood;
(2) the guarantee of powers to the state and the state's people under the Tenth
Amendment is a matter of contract between the state and people of Utah and the United States
as of the time of statehood;
(3) the Ninth Amendment to the United States Constitution guarantees to the people
rights not granted in the United States Constitution and reserves to the people of Utah certain
rights as those rights were understood at the time that Utah was admitted to statehood;
(4) the guarantee of rights to the people under the Ninth Amendment is a matter of
contract between the state and people of Utah and the United States as of the time of statehood;
(5) the Second Amendment to the United States Constitution reserves to the people the
right to keep and bear arms as that right was understood at the time that Utah was admitted to
statehood, and the guarantee of the right is a matter of contract between the state and people of
Utah and the United States as of the time of statehood; and
(6) the Utah Constitution clearly secures to Utah citizens, and prohibits
unconstitutional government interference with, the right of individual Utah citizens to keep and
bear arms.
Section 2. Section 
53-5a-202
 is enacted to read:
 53-5a-202.
Definitions.
As used in this part:
(1) (a) "Federal regulation" means a federal executive order, rule, or regulation that
infringes upon, prohibits, restricts, or requires individual licensure for, or registration of, the
purchase, ownership, possession, transfer, or use of a firearm, ammunition, or firearm
accessory.
(b) "Federal regulation" does not include:
(i) a federal firearm statute; or
(ii) a federal executive order, rule, or regulation that is incorporated into the Utah Code
by reference.
(2) "Firearm" means the same as that term is defined in Section 
76-10-501
.
(3) "Law enforcement officer" means the same as that term is defined in Section
53-13-103
.
(4) "Political subdivision" means a city, town, metro township, county, local district, or
water conservancy district.
Section 3. Section 
53-5a-203
 is enacted to read:
 53-5a-203.
Prohibition on enforcement.
(1) A law enforcement officer, state employee, or employee of a political subdivision is
prohibited from implementing, enforcing, assisting, or cooperating in the enforcement of a
federal regulation on firearms, firearm accessories, or ammunition.
(2) An employee of the state or a political subdivision may not expend public funds or
allocate public resources for the enforcement of a federal regulation on firearms, firearm
accessories, or ammunition.
(3) Notwithstanding Subsection (1) or (2), this section does not prohibit or otherwise
limit a law enforcement officer, state employee, or employee of a political subdivision from:
(a) cooperating, communicating, or collaborating with a federal agency if the primary
purpose of the cooperation is not the investigation or enforcement of a federal regulation on
firearms, ammunition, or firearm accessories;
(b) serving on or participating in:
(i) a federal law enforcement task force or program if:
(A) investigation and prosecution of state or federal firearms regulations are part of the
duties of the task force or program; or
(B) the law enforcement officer, state employee, or employee of the political
subdivision is compensated by federal funds; or
(ii) a state law enforcement task force or program that:
(A) receives federal funding; or
(B) has participation from federal law enforcement officials; or
(c) referring an investigation to a federal law enforcement agency if the law
enforcement officer, state employee, or political subdivision employee reasonably believes that
a federal law regarding firearms, ammunition, or firearm accessories has been violated.
(4) This section does not apply to:
(a) a law enforcement officer or state employee employed by or assisting:
(i) the Bureau of Criminal Identification of the Department of Public Safety established
in Section 
53-10-201
;
(ii) the Peace Officer Standards and Training Division created in Section 
53-6-103
; or
(iii) the Utah National Guard or the Utah State Defense Force created in Title 39A,
National Guard and Militia Act; or
(b) an individual who:
(i) is appointed as a Special Assistant U.S. Attorney under 18 U.S.C. Sec. 925D; or
(ii) is assisting another individual that is appointed as a Special Assistant U.S. Attorney
under 18 U.S.C. Sec. 925D.
Section 4. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.