53-5b-102 - Legal considerations.
53-5b-102. Legal considerations.
In reviewing any matter covered by this chapter, a court shall consider the following:
(1) The Tenth Amendment to the United States Constitution guarantees to the state andits people all powers not granted to the federal government elsewhere in the Constitution andreserves to the state and people of Utah certain powers as they were understood at the time thatUtah was admitted to statehood.
(2) The guarantee of powers to the state and its people under the Tenth Amendment is amatter of contract between the state and people of Utah and the United States as of the time ofstatehood.
(3) The Ninth Amendment to the United States Constitution guarantees to the peoplerights not granted in the Constitution and reserves to the people of Utah certain rights as theywere 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 ofcontract between the state and people of Utah and the United States as of the time of statehood.
(5) The regulation of intrastate commerce is vested in the state under the Ninth and TenthAmendments to the United States Constitution.
(6) The Second Amendment to the United States Constitution reserves to the people theright to keep and bear arms as that right was understood at the time that Utah was admitted tostatehood, and the guarantee of the right is a matter of contract between the state and people ofUtah and the United States as of the time of statehood.
(7) The Utah Constitution clearly secures to Utah citizens, and prohibits governmentinterference with, the right of individual Utah citizens to keep and bear arms.
(8) A personal firearm, a firearm action or receiver, a firearm accessory, or ammunitionthat is manufactured commercially or privately in the state to be used or sold within the state isnot subject to federal law or federal regulation, including registration, under the authority ofcongress to regulate interstate commerce.
(9) The Legislature declares that a firearm, a firearm action or receiver, a firearmaccessory, and ammunition described in Subsection (8) does not travel in interstate commerce.
(10) The importation into the state of generic and insignificant parts and those parts'incorporation into a firearm, a firearm action or receiver, a firearm accessory, or ammunitionmanufactured in the state does not subject the firearm, firearm accessory, firearm action orreceiver, or ammunition to federal law or regulation.
(11) Basic materials, including unmachined steel and unshaped wood, are not firearms,firearm actions or receivers, firearms accessories, or ammunition.
(12) Trade in basic materials is not subject to congressional authority to regulatefirearms, firearm actions or receivers, firearms accessories, and ammunition as if the basicmaterials were actually firearms, firearm actions or receivers, firearms accessories, orammunition.
(13) Congress's authority to regulate interstate commerce in basic materials does notinclude authority to regulate firearms, firearm actions or receivers, firearms accessories, andammunition made in the state from basic materials.
(14) The attachment or use of firearms accessories in conjunction with a firearmmanufactured in the state does not subject the firearm to federal regulation under Congress'spower to regulate interstate commerce, without regard to whether the firearms accessories arethemselves subject to federal regulation.
Enacted by Chapter 5, 2010 General Session