H.B. 219
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: S. Larson 6
6 01-16-23 5:58 PM 6
H.B. 219
1 FIREARMS REGULATI ONS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Karianne Lisonbee
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill declares that the state will not enforce certain federal firearms laws or
10regulations.
11Highlighted Provisions:
12 This bill:
13 <declares the state's commitment to the Second Amendment to the United States
14Constitution; and
15 <declares that the state and its political subdivisions will not enforce federal laws that
16purport to restrict or ban certain firearms, ammunition, or firearms accessories.
17Money Appropriated in this Bill:
18 None
19Other Special Clauses:
20 This bill provides a special effective date.
21Utah Code Sections Affected:
22ENACTS:
23 53-5a-201, Utah Code Annotated 1953
24 53-5a-202, Utah Code Annotated 1953
25 53-5a-203, Utah Code Annotated 1953
26
27Be it enacted by the Legislature of the state of Utah:
*HB0219* H.B. 219 01-16-23 5:58 PM
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28 Section 1. Section 53-5a-201 is enacted to read:
29 Part 2. Federal Firearm Enforcement Limitation Act
30 53-5a-201. Findings.
31 To protect and preserve the individual right to keep and bear arms as guaranteed by the
32Second Amendment to the United States Constitution and Utah Constitution, Article I, Section
336, the Legislature makes the following findings:
34 (1) the Tenth Amendment to the United States Constitution guarantees to the state and
35the state's people all powers not granted to the federal government elsewhere in the United
36States Constitution and reserves to the state and people of Utah certain powers as those powers
37were understood at the time that Utah was admitted to statehood;
38 (2) the guarantee of powers to the state and the state's people under the Tenth
39Amendment is a matter of contract between the state and people of Utah and the United States
40as of the time of statehood;
41 (3) the Ninth Amendment to the United States Constitution guarantees to the people
42rights not granted in the United States Constitution and reserves to the people of Utah certain
43rights as those rights were understood at the time that Utah was admitted to statehood;
44 (4) the guarantee of rights to the people under the Ninth Amendment is a matter of
45contract between the state and people of Utah and the United States as of the time of statehood;
46 (5) the Second Amendment to the United States Constitution reserves to the people the
47right to keep and bear arms as that right was understood at the time that Utah was admitted to
48statehood, and the guarantee of the right is a matter of contract between the state and people of
49Utah and the United States as of the time of statehood; and
50 (6) the Utah Constitution clearly secures to Utah citizens, and prohibits
51unconstitutional government interference with, the right of individual Utah citizens to keep and
52bear arms.
53 Section 2. Section 53-5a-202 is enacted to read:
54 53-5a-202. Definitions.
55 As used in this part:
56 (1) (a) "Federal regulation" means a federal law, statute, executive order, rule, or
57regulation that infringes upon, prohibits, restricts, or requires individual licensure for, or
58registration of, the purchase, ownership, possession, transfer, or use of a firearm, ammunition, 01-16-23 5:58 PM H.B. 219
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59or firearm accessory.
60 (b) "Federal regulation" does not include federal firearm laws, statutes, executive
61orders, rules, or regulations that are incorporated into the Utah code by reference.
62 (2) "Firearm" means the same as that term is defined in Section 76-10-501.
63 (3) "Law enforcement officer" means the same as that term is defined in Section
6453-13-103.
65 (4) "Political subdivision" means a city, town, metro township, or county.
66 Section 3. Section 53-5a-203 is enacted to read:
67 53-5a-203. Prohibition on enforcement.
68 (1) A law enforcement officer, state employee, or employee of a political subdivision is
69prohibited from implementing, enforcing, assisting, or cooperating in the enforcement of a
70federal regulation on firearms, firearm accessories, or ammunition.
71 (2) An employee of the state or a political subdivision may not expend public funds or
72allocate public resources for the enforcement of a federal regulation on firearms, firearm
73accessories, or ammunition.
74 (3) Notwithstanding Subsections (1) or (2), this section does not prohibit or otherwise
75limit a law enforcement officer, state employee, or employee of a political subdivision from
76cooperating, communicating, or collaborating with a federal agency if the primary purpose of
77the cooperation is not the investigation or enforcement of a federal regulation on firearms,
78ammunition, or firearm accessories.
79 Section 4. Effective date.
80 If approved by two-thirds of all the members elected to each house, this bill takes effect
81upon approval by the governor, or the day following the constitutional time limit of Utah
82Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
83the date of veto override.