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H.J.R. 19

             1     

SECOND AMENDMENT PRESERVATION JOINT

             2     
RESOLUTION

             3     
2013 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Brian M. Greene

             6     
Senate Sponsor: ____________

             7     
             8      LONG TITLE
             9      General Description:
             10          This joint resolution of the Legislature affirms the Second Amendment to the United
             11      States Constitution and the legal primacy of the state of Utah over firearms regulation.
             12      Highlighted Provisions:
             13          This resolution:
             14          .    strongly urges each state to exercise its right and duty to declare unconstitutional,
             15      and to make null and void within its respective borders, any acts of the federal
             16      government that are not authorized by the Constitution of the United States;
             17          .    declares that it is the exclusive responsibility of the Legislature to adopt and enact
             18      any and all statutes, orders, rules, or regulations as necessary regarding the
             19      manufacture, transfer, possession, ownership, and use of firearms, firearm
             20      accessories, ammunition, and ammunition components within the state;
             21          .    declares that it is the responsibility of the Legislature to adopt and enact any and all
             22      measures necessary to prevent the enforcement of any federal statutes, orders, rules,
             23      or regulations in violation of the Second Amendment to the Constitution of the
             24      United States;
             25          .    declares that all statutes, orders, rules, and regulations enacted or authorized by the
             26      Legislature relating to the manufacture, sale, transfer, or possession of a firearm, a
             27      firearm accessory, ammunition, or ammunition component exclusively within the


             28      borders of Utah shall enjoy legal primacy within the state of Utah over any and all conflicting
             29      federal statutes, orders, rules, or regulations;
             30          .    declares that any state that does not act to protect the unalienable rights of its
             31      citizens, including the unalienable right of self-preservation, violates the very
             32      constitutional charter for which it was established by its citizens; and
             33          .    declares that the state, including its many political subdivisions, is bound in law to
             34      affirmatively act to protect the unalienable right of self-preservation of all of the
             35      citizens, even against an interfering and intruding federal government, and that in
             36      the exercise of this duty, the state of Utah will support all political subdivisions,
             37      agencies, and their officers' performance of necessary actions to preserve, protect,
             38      and defend the unalienable rights of their citizens, including the unalienable right of
             39      self-preservation.
             40      Special Clauses:
             41          None
             42     
             43      Be it resolved by the Legislature of the state of Utah:
             44          WHEREAS, governments are instituted among mankind to secure certain unalienable
             45      rights, including life, liberty, and property, together with the right of self-preservation, which
             46      includes the right to defend self, family, others, property, and the state;
             47          WHEREAS, governments derive their just powers from the consent of the governed
             48      through written constitutions by which the governed delegate specific enumerated powers to
             49      governments with the expectation that governments may not exceed the powers so delegated;
             50          WHEREAS, the Constitution of the United States creates a legal system unprecedented
             51      in form and design--a compound republic where the power surrendered by the people is first
             52      divided between two spheres of supremacy, establishing two distinct governments;
             53          WHEREAS, each of these distinct governments, within its respective sphere, is not
             54      subject to the authority of the other;
             55          WHEREAS, the Constitution of the United States and the constitutions of each of the
             56      fifty states contemplate that each state government will represent and remain accountable to its
             57      own citizens;
             58          WHEREAS, the Tenth Amendment to the Constitution of the United States codifies in


             59      law that the only powers that the federal government may exercise are those that have been
             60      delegated to it in the Constitution of the United States, guarantees to the states and their people
             61      all powers not granted to the federal government elsewhere in the Constitution of the United
             62      States, and guarantees to this state and to the people of this state certain powers as they were
             63      understood at the time Utah was granted statehood in 1896;
             64          WHEREAS, the guarantees made by the Tenth Amendment are a matter of contract
             65      between the state and people of Utah and the United States as of the time that the compact with
             66      the United States was agreed upon and adopted by Utah and the United States in 1894;
             67          WHEREAS, the Ninth Amendment to the Constitution of the United States guarantees
             68      to the people natural and fundamental rights not enumerated in the Constitution and reserves to
             69      the people of Utah all rights as they were understood at the time Utah was granted statehood in
             70      1896;
             71          WHEREAS, the guaranty of those rights is also a matter of contract between the state
             72      and people of Utah and the United States as of the time the compact with the United States was
             73      agreed upon and adopted by Utah and the United States in 1894;
             74          WHEREAS, the federal government is one of enumerated and limited powers and must
             75      show that a constitutional grant of power authorizes each of its actions;
             76          WHEREAS, as it was the intent of the Framers of the Constitution that powers, which
             77      "in the ordinary course of affairs, concern the lives, liberties, and properties of the people" were
             78      to be the jurisdiction of governments more local and more accountable to the people, the
             79      general power of governing the health, safety, and welfare of the people, generally referred to
             80      as the "police power," was reserved to the states and not delegated to the federal government;
             81          WHEREAS, the right of the people of Utah to keep and bear arms is a matter of public
             82      health and safety, subject to the exclusive police power of the state, and interference with this
             83      right by the federal government is expressly prohibited by the Second Amendment to the
             84      United States Constitution, which reads, "A well regulated militia being necessary to the
             85      security of a free state, the right of the people to keep and bear arms shall not be infringed";
             86          WHEREAS, the Second Amendment protects a fundamental individual right to own
             87      and possess firearms, unconnected with an individual's service in a militia, together with the
             88      right to use those arms for traditionally lawful purposes, such as self-defense;
             89          WHEREAS, because the Second Amendment recognizes an individual right to own and


             90      possess firearms, it also establishes a protectable liberty interest, the infringement of which
             91      requires an extremely strong public-interest justification and a narrow fit between the
             92      government's means and its end;
             93          WHEREAS, federal acts, laws, orders, rules, or regulations that infringe upon this
             94      fundamental right are an unconstitutional assumption of power that is the province of the states
             95      or the people, and, as such, are a violation of the Second Amendment;
             96          WHEREAS, Utah Constitution, Article I, Section 6, declares that "The individual right
             97      of the people to keep and bear arms for security and defense of self, family, others, property, or
             98      the state, as well as for other lawful purposes shall not be infringed," and reserves to the
             99      Legislature of the state of Utah the exclusive authority to define the lawful use of arms;
             100          WHEREAS, as separate and independent sovereigns, states stand as guardians of the
             101      people's liberty;
             102          WHEREAS, it is the duty of state legislatures to closely watch the operations of the
             103      federal government and to erect barriers against the unconstitutional encroachments of federal
             104      authority; and
             105          WHEREAS, a frequent recurrence to the foregoing fundamental principles is essential
             106      to the security of individual rights and the perpetuity of free government:
             107          NOW, THEREFORE, BE IT RESOLVED, that the Legislature of the state of Utah
             108      strongly urges each state to exercise its right and duty to declare unconstitutional, and to make
             109      null and void within its respective borders, any federal statutes, orders, rules, or regulations that
             110      are not authorized by the Constitution of the United States.
             111          BE IT FURTHER RESOLVED, that the Legislature of the state of Utah declares that it
             112      is the exclusive duty of the Legislature to adopt and enact any and all statutes, orders, rules, or
             113      regulations as necessary regarding the manufacture, transfer, possession, ownership, and use of
             114      firearms, firearm accessories, ammunition, and ammunition components within this state.
             115          BE IT FURTHER RESOLVED, that the Legislature declares that it is the duty of the
             116      Legislature to adopt and enact any and all measures as necessary to prevent the enforcement of
             117      any federal statutes, orders, rules, or regulations in violation of the Second Amendment to the
             118      Constitution of the United States.
             119          BE IT FURTHER RESOLVED, that the Legislature of the state of Utah declares that
             120      all statutes, orders, rules, and regulations enacted or authorized by the Legislature relating to


             121      the manufacture, sale, transfer, or possession of a firearm, a firearm accessory, ammunition, or
             122      ammunition component exclusively within the borders of Utah shall enjoy legal primacy within
             123      the state of Utah over any and all conflicting federal statutes, orders, rules, or regulations.
             124          BE IT FURTHER RESOLVED, that the Legislature of the state of Utah affirms that
             125      any state that does not act to protect the unalienable rights of its citizens, including the
             126      unalienable right of self-preservation, violates the very constitutional charter for which it was
             127      established by its citizens;
             128          BE IT FURTHER RESOLVED, that the Legislature of the state of Utah declares that
             129      the state, including its many political subdivisions, is bound by law to affirmatively act to
             130      protect the unalienable right of self-preservation of all the citizens, even against an interfering
             131      and intruding federal government, and that in the exercise of this duty, the state of Utah will
             132      support all political subdivisions, agencies, and their officers in their performance of necessary
             133      actions to preserve, protect, and defend the unalienable rights of their citizens, including the
             134      unalienable right of self-preservation.
             135          BE IT FURTHER RESOLVED that copies of this resolution be sent to the United
             136      States Department of Justice, the members of Utah's congressional delegation, and to the
             137      governors of the 49 other states.




Legislative Review Note
    as of 3-4-13 9:56 AM


Office of Legislative Research and General Counsel


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