States’ rights bills have ambitious aims but will almost certainly face stiff legal tests

Undeterred by the apparent costs of defending a slew of states’ rights legislation, state lawmakers have gone gunning for the federal government with several bills that could have a broad impact on Tooele County.

SB 11, referred to by its sponsor Sen. Margaret Dayton, R-Orem, as the Firearms Freedom Act, has passed both the House, 56-17, and Senate, 19-10. The bill exempts firearms and ammunition manufactured in Utah and used in Utah from federal laws and regulations such as background checks and dealer licensing.

Speaking on the House floor about her bill, Dayton said it was not so much about guns as state sovereignty.

“This bill is about our state’s immutable right to establish control over rules and laws in our own state,” Dayton said.

Five of Tooele County’s six legislators voted for passage of SB 11. Only Sen. Brent Goodfellow, D- West Valley City, voted against the bill.

“I voted for the bill because I believe very strongly in states’ rights,” said Rep. Jim Gowans, D-Tooele.

Dan Mosteller, owner of Oquirrh Traders, a pawn shop and firearms dealer in Tooele, said although he does not expect the bill will affect his business, he supports it.

“It is time to get the federal government out of our lives,” Mosteller said.

Keeping with the states’ rights theme, the House also passed HB 67, which opts the state out of federal health care reform unless the Legislature approves of the reforms.

“We are truly the last line in the sand in defense of the liberties of the citizens of this state,” said Rep. Carl Wimmer, R-Herriman, sponsor of the bill.

Rep. Ronda Menlove, R-Garland, whose district includes parts of Tooele County, voted for the bill while Gowans voted against it.

Other states’ rights legislation include HB 143, sponsored by Rep. Chris Herrod, R-Provo, that would authorize the state to exercise eminent domain on property possessed by the federal government. Introduced on Feb. 11, the bill is currently in the House rules committee.

The bill would not affect military installations and other federal lands acquired by the federal government with consent of the state Legislature. The initial target would most likely be land rich in coal reserves in the Grand Staircase-Escalante Monument in southern Utah, with the money received by the state for managing or privatizing those natural resources going towards the school trust, according to Herrod.

HB 234, sponsored by Stephen Sandstrom, R-Orem, prohibits the Driver’s License Division from implementing the REAL ID Act of 2005. REAL ID is federal legislation that mandates greater proof of identity before issuing driver licenses. The act is effectively creating a federal identification card system, according to supporters of HB 234, who are fighting such a system on grounds that it violates the principles of federalism contained in the 10th amendment to the U.S. Constitution.

The bill was passed out of the House Law Enforcement and Criminal Justice Committee on Feb. 12 with a favorable recommendation and awaits consideration of the full House.

With 22 days left in the 45-day session, there is likely to be much wrangling and threats of legal battles still to come over the constitutionality of the states’ rights bills.

Wimmer was asked by Rep. Phil Riesen, D-Salt Lake, if Wimmer had read the note attached to HB 67 by legislative staff attorneys indicating the bill would most likely have constitutional problems with both the U.S. and state constitutions. He replied, “Yes, and I wear it as a badge of honor.”

Tim Gillie: tgillie@tooeletranscript.com