Feb 26 2010
SALT LAKE CITY - After careful deliberation and thorough legal review, Governor Gary R. Herbert has signed SB11, "Utah State-Made Firearms Protection Act." In making his decision, the Governor weighed the constitutional aspects of the bill with its fiscal impact on Utah taxpayers.
"There are times when the state needs to push back against continued encroachment from the federal government. Sending the message that we will stand up for a proper balance between the state and federal government is a good thing," Governor Herbert said. "But in these challenging economic times, when Utah families continue to struggle and our Legislature must account for every dollar it spends, we must also be thoughtful about the cost of that message."
The Governor has expressed his support for the intent of SB11, sponsored by Sen. Margaret Dayton, which is to challenge the U.S. Supreme Court's expansive interpretation of the federal Interstate Commerce Clause and assert Utah's authority under the U.S. Constitution to regulate wholly intrastate commerce.
"As Governor, I took an oath to uphold the constitutions of the United States and the State of Utah. I take that responsibility seriously, as well as my obligation to act in a fiscally prudent manner," the Governor said. "In order to feel comfortable attaching my name to this legislation, I felt it necessary to reconcile the laudable intent of this bill with my responsibilities as Governor."
As part of a thoughtful review process, the Governor sought opinions and analysis from many legal experts, including, but not limited to, Utah Attorney General Mark Shurtleff.
"I am satisfied that Utah can stand confidently with other states that are taking a stand against the federal government's overreach in this area," he said. "The Attorney General has assured me that, should a legal challenge be filed against the state, his office can take a variety of actions to ensure the defense of this legislation will have a minimal cost to the people of Utah," Governor Herbert said.
"With the confidence that SB11 will further the dialogue on this important issue without unduly burdening Utah taxpayers, I chose to sign the legislation."