A bill clarifying Utah’s sole authority to regulate firearms introduced by Sen. Chris Wilson (R-Logan) has passed the Utah Legislature and is awaiting Gov. Spencer Cox’ signature.
SALT LAKE CITY – After clearing both houses of the Utah Legislature, a bill authored by Sen. Chris Wilson (R-Logan) protecting the 2nd Amendment rights of Utahns is now awaiting the signature of Gov. Spencer Cox.
Senate Bill 115 (Firearm Preemption Amendments), introduced by Chris Wilson in late January, reaffirms that local governments do not have the authority to regulate firearms. The proposal also protects citizens from local gun regulations that contradict state law.
“We value protecting our freedoms, including the right to bear arms without unnecessary government interference,” Chris Wilson explained. “Current Utah code already prohibits cities and counties from imposing regulations on the ownership, possession, purchase, transfer or transport of a firearm.
“But, in some recent cases, local governments have attempted to exploit loopholes in state law to regulate guns.”
S.B. 115 was intended to counter a specific overreach by Salt Lake County, according to its Republican advocates in the Legislature.
In 2020, former Salt Lake County Mayor Jenny Wilson mandated that any private sales of firearms at gun shows in county-owned properties must be authorized by a federal background check.
“The risk of a private transaction resulting in the sale of a firearm to someone with a violent criminal record or history of domestic abuse is a risk we cannot accept in Salt Lake County,” Mayor Wilson said in defense of the rule.
Sales of firearms by private individuals rather than licensed federal firearms dealers during gun shows are a relatively rare occurrence, but 2nd Amendment advocates were quick to react to the county mandate.
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 now 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 was then considered by the Utah House, where it passed by a vote of 58 to 16 under the guidance of Rep. Cory Maloy (R-Lehi).
During debate in both the House and Senate, Democratic lawmakers argued that S.B. 115’s blanket prohibition on local regulation of firearms was an overreach by state officials that would limit local governments’ ability to respond to issues of gun violence and suicide.
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,” Chris Wilson added, including lawsuits against local governments.