2010 Utah Legislative Summary

[Jeff Johnson]

Here is the 2010 Utah Legislative Summary, as found on the Utah Shooting Sports Council website. I've reorganized it a bit by status:

FINAL UPDATE - 31 March 2010: All pro-gun bills passed by the legislature have now been signed by Gov. Herbert. Please send him a message to tell him thanks!

• Passed, signed by Governor
  
  
  

  Bill number and link	Bill Title	Status	Sponsor	USSC Comments
  SB 11	Utah Made Firearms	SIGNED INTO LAW BY GOV. HERBERT 2/26/2010	Sen. Margaret Dayon	This is a federalism issue as well as a gun issue. This declares that guns and ammunition made in Utah are subject to state regulations and not subject to federal laws under the pretext of the "Interstate Commerce Clause." USSC STRONGLY SUPPORTS
  HB 214, 1st Substitute	Concealed Firearms Permit Modifications	SIGNED INTO LAW BY GOV. HERBERT 3/22/2010	Rep. Rebecca Lockhart	Mostly administrative changes to reflect changed titles of state agencies. USSC SUPPORTS
  SB 36, 1st Substitute	Wolf Management	SIGNED INTO LAW BY GOV. HERBERT 3/22/2010	Sen. Allen Christensen	"requires the division to manage the wolf to avoid the establishment of a viable pack of wolves within the areas of the state where the wolf is not listed as endangered..." Although not strictly a gun issue, this is important to protect game animal popluations for hunters. USSC STRONGLY SUPPORTS
  HB 380	Firearms Laws Amendments	SIGNED INTO LAW BY GOV. HERBERT 3/29/2010	Rep. Steven Sandstrom	This addresses liability issues from legal firearm use. USSC STRONGLY SUPPORTS
  SB 247, 3rd Substitute	John M. Browning State Holiday	SIGNED INTO LAW BY GOV. HERBERT 3/26/2010	Sen. Mark Madsen	This USSC requested bill creates a state holiday to honor John M. Browning. This will be observed on January 24, 2011. USSC STRONGLY SUPPORTS
  HB 78, 3rd Substitute	Weapons Revisions	SIGNED INTO LAW BY GOV. HERBERT 3/30/2010	Rep. Steve Sandstrom	Clarifies what constitutes "brandishing" and when weapons can be used for self defense. Also clarifies that "possession of a visible firearm" without additional threatening behavior is not a crime. USSC STRONGLY SUPPORTS

  
  
• Did not pass this session
  
  

  Bill number and link	Bill Title	Status	Sponsor	USSC Comments
  HB 301	Disorderly Conduct Amendments	Passed House Committee 7-0 on 2/17 Awaiting vote by full House, but returned to Rules Committee on 3/4 Probably dead for this session.	Rep. Carl Wimmer	Clarifies that First Amendment and Second Amendment protected activities cannot be charged as disorderly conduct. USSC STRONGLY SUPPORTS
  HB 342	Innkeeper's Rights Act Modifications	Awaiting assignment to a House Committee. Essentially dead for this session.	Rep. Steven Sandstrom	This USSC requested bill fixes an archaic provision that allowed innkeepers to refuse to rent to anyone with a gun. USSC STRONGLY SUPPORTS
  SB 98	Dangerous Weapons Restrictions Amendments	Essentially dead for this session.	Sen. David Hinkins	Makes technical change so that a person charged (instead of indicted) with a felony is prohibited from firearms purchase or possession. Additional draft changes made this even worse, adding "Lautenberg" type restrictions. USSC STRONGLY OPPOSES
  SB 268	Firearms Confiscation Amendments	Essentially dead for this session.	Sen. Chris Buttars	Unknown content, but Sen. Buttars is a very strong supporter of gun rights.

(NOTE: Since I keep updating the this OP with the latest status, and added detailed info in green, it is now a mix of the USSC alert and my updates. Is that confusing? I hope not.)

[smo]

Thanks for the update! Very informative.

[xRapidDavex]

I'm mad 301 didn't pass. What a joke. That would have shut down the UVU's "case".

[MarshallDodge]

I'm mad 301 didn't pass. What a joke. That would have shut down the UVU's "case".

So are you saying that our legislative system is a joke or that the UVU is a joke?

[xRapidDavex]

I'm saying it's a joke we would need anything in the first place that clarifies that First Amendment and Second Amendment protected activities cannot be charged as disorderly conduct. It's an even bigger joke that a bill that would do such that did not pass.

[MajorNickmo]

Thanks Jeff.

[Snaggle]

Great summery. Thanks Jeff.

[MarshallDodge]

I'm saying it's a joke we would need anything in the first place that clarifies that First Amendment and Second Amendment protected activities cannot be charged as disorderly conduct. It's an even bigger joke that a bill that would do such that did not pass.

I believe the issue here was that they ran out of time, no joking.

[Jeff Johnson]

I've updated the OP to add actual current status in Green.

I also corrected an erroneous link, plus I added another bill that I hadn't included in the OP (the one for Wolf Management).

Some of the bills that the update said were waiting action by the Governor weren't actually on his desk yet. They were still in the pipeline somewhere. This helps us know which bills really are on the Governor's desk.

[GreenStreet]

I'm mad 301 didn't pass. What a joke. That would have shut down the UVU's "case".

So are you saying that our legislative system is a joke or that the UVU is a joke?

That's a slow ball pitch, if I've ever seen one.

[Jeff Johnson]

Updated the OP again. Since the last time, HB 214, 1st Substitute got signed by Gov. Herbert.
All the rest of the bills that hadn't quite reached the governor's desk have been delivered now, and are awaiting Gov. Herbert's signature.

I think that it's time to send him polite messages to sign these four bills.

[Jeff Johnson]

Only three pro-gun bills left on the governor's desk. The status was updated on SB 36, 1st Substitute (Wolf Management) to show that it was signed.

[Jeff Johnson]

I think that it's time for everyone to write to Gov. Herbert to urge him to sign the last three pro-gun bills on his desk. I just did so. Here's my letter:

Dear Governor Herbert,

I am writing to respectfully ask you to sign three bills that are on your desk. These are:

1. HB 78, 3rd Substitute (Weapons Revisions). This bill makes important changes to clarify state law for public and personal safety, particularly clarifying what is lawful in self-defense to prevent an unlawful assault or threatened assault. Studies by Gary Kleck, PhD (http://www.criminology.fsu.edu/p/faculty-gary-kleck.php), have shown that most often, the mere presentation of a firearm is enough to stop an assault without a shot being fired. This important bill clarifies that it is not illegal in Utah to stop an assault in this manner.

2. HB 380 (Firearms Laws Amendments). This bill removes liability from property owners who allow persons with concealed firearm permits to carry on their property. This bill actually enhances the rights of property owners while at the same time enhancing the safety of Utahns who choose to legally carry a firearm for self-defense.

3. S.B. 247 Third Substitute (John M. Browning Commemorative Day). This bill honors one of the most famous Utahns in history and is particularly appropriate at this time, because it is slated to establish the holiday on the 100th anniversary of what is arguably the most popular handgun design ever, the Colt 1911, which was the standard-issue sidearm in the U.S. military from 1911 until the late 1980s. It still continues to be one of the most popular handguns around the world.

Please support the right to keep and bear arms by signing all three of these bills into law.

Thank you!
Jeff Johnson
Smithfield, Utah

[Jeff Johnson]

The status has been updated. Gov Herbert has signed two more of the bills into law, HB 380 & SB 247, 3rd Substitute.

Only one left!! Please write to Gov Herbert and ask him to sign this last pro-gun bill that is on his desk.

[Nuttycomputer]

The status has been updated. Gov Herbert has signed two more of the bills into law, HB 380 & SB 247, 3rd Substitute.

Only one left!! Please write to Gov Herbert and ask him to sign this last pro-gun bill that is on his desk.

Just need to correct the dates on those two to March. I'm very pleased he signed HB 380. I believe it makes a good precedent for employees who wish to carry but removing the liability from Employers, if that person has a permit.