FILE PHOTO: A black handgun on black cloth, with ammunition. Photo by Thomas Def on Unsplash
SALT LAKE CITY – Sen. Chris Wilson (R-Logan) has scored a victory in the ongoing 2022 general session of the Utah Legislature by rescuing a previously stalled proposal that reasserts the state’s sole authority to regulate firearms.
Senate Bill 115 Firearm Preemption Amendments, which was introduced by Wilson in late January, clarifies that local governments do not have the authority to regulate firearms, he explains. The proposal also protects citizens from local gun regulations that contradict state law.
“Our most important duty is to preserve freedoms,” Wilson emphasizes, “including the freedom to bears arms without unnecessary government interference.”
State law already prohibits cities and counties from imposing regulations on the ownership, possession, purchase, transfer or transport of guns. But Wilson argues that local governments have attempted to exploit loopholes in the state code to limit the 2nd Amendment rights of their citizens in recent years.
Specifically, S.B. 115 responds to a 2020 Salt Lake County regulation that has required vendors at gun shows held in county facilities to conduct background checks on their customers.
Proposals similar to S.B. 115 passed the Utah House in 2020 and 2021, but stalled in the state Senate in both those years. Under Wilson’s stewardship, however, that proposal was favorably recommended by the members of the Senate Natural Resources, Agriculture and Environment Committee and passed the full Senate by a 20-to-5 vote in early February.
The proposal now goes to the Utah House where it is expected to enjoy the same broad support it had in previous legislative sessions.
S.B 115 reasserts the state’s sole authority to regulate firearms and specifically prohibits other entities — including colleges, universities, public schools, cities and counties – from usurping that authority.
“This bill also provides for civil action and remedies for violating legislative firearm preemption,” Wilson adds, including lawsuits against local governments.
Wilson’s proposed legislation was opposed by Democrats in the Senate, who called S.B. 115 a clear case of state overreach. In Senate debate, critics said the measure would limit the ability of local governments to respond to issues of gun violence and suicide.
Numerous proposals similar to S.B. 115 impacting law enforcement, criminal justice, weapons and public safety are also working their way through both chambers of the Utah Legislature.