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(Trent Nelson | The Salt Lake Tribune) Rep. Sandra Hollins, D-Salt Lake City, speaks, standing with other House Democrats who walked out of the House Chamber as Republicans moved to debate resolution on teaching critical race theory in Salt Lake City on Wednesday, May 19, 2021.

| May 20, 2021, 10:36 p.m.

| Updated: 10:44 p.m.

Utah lawmakers meet in a special session to allocate federal coronavirus relief funds but guns, masks and critical race theory end up on the agenda as well. Plus, with the best record in basketball, the Utah Jazz head to the NBA playoffs. How far can the team go?

At 9 a.m. on Friday, Salt Lake Tribune reporters Bethany Rodgers and Eric Walden, along with news columnist Robert Gehrke, join KCPWs Roger McDonough to talk about the weeks top stories.

Every Friday at 9 a.m., stream Behind the Headlines at kcpw.org, or tune in to KCPW 88.3 FM or Utah Public Radio for the broadcast. Join the live conversation by calling 801-355-TALK.

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'Behind the Headlines': Masks, Second Amendment Sanctuary, critical race theory and the Utah Jazz to be discussed - Salt Lake Tribune

There are over a dozen Second Amendment sanctuary cities in Idaho, but an Oregon county's declaration poses questions about if state law can supersede federal law.

BOISE, Idaho "Second Amendment sanctuary city" is a term that has been more relevant in Idaho in recent years, especially as several Idaho cities have declared themselves to be one within the last year.

As a Second Amendment sanctuary, any state or federal laws thought to infringe on a person's right to bear arms will not be enforced in said state, city or county.

The City of Star declared itself a second amendment sanctuary city in July 2020, followed by Eagle in September 2020 and Cascade and Saint Anthony in October 2020.

Nampa added its name to the list at the end of last year, and Kuna and Hagerman began 2021 with the same declarations.

There are currently more than a dozen Second Amendment sanctuary cities and counties in Idaho.

The Second Amendment sanctuary movement gained momentum in 2018 when the threat of stricter gun laws was being considered in the wake of several mass shootings across the country.

Last fall, about 400 locations in 20 states considered themselves a Second Amendment sanctuary. In 2021, there are about 1,200.

None of the current Second Amendment sanctuary cities have faced legal scrutiny until now. Columbia County, a small county north of Portland, Ore., narrowly passed an ordinance last year that stated county officials would not enforce most state, federal and local firearm regulations.

In addition, the ordinance stated that anyone who did enforce these regulations would be fined. Individuals would be fined $2,000 and corporations would be fined $4,000.

The ordinance did, however, allow exceptions, such as enforcing gun restrictions for felons.

The measure passed the Oregon legislature in November 2020, but state law allows a judge to look over the ordinance to ensure all sections are legal before putting it into effect.

Supporters of the ordinance are in favor of fewer regulations, while opponents argue that federal law supersedes state law and state constitutions.

There is currently no timeline on this determination, and the judge's decision will not influence laws outside Oregon. Some believe, however, the challenges presented in the Beaver State may influence Idaho's sanctuary cities.

In 2014, then-Gov. Butch Otter signed Senate Bill 1332, the Idaho Federal Firearms, Magazine and Register Ban Enforcement Act, into law. The bill passed the Idaho House 68-0 and the Idaho Senate 34-0.

SB 1332 was meant to protect Idaho law enforcement officers from being forced to violate their oath to uphold Idaho's Constitution. Specifically, Section 11, Article 1 mentions the right of the people to keep and bear arms, which shall not be abridged.

Idaho's Attorney General has not yet weighed in on the legality of such cities and counties, but Virginia's Attorney General said these declarations carry little to no legal force.

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Can Idaho cities and counties legally declare themselves to be 'Second Amendment sanctuaries'? - KTVB.com

SALT LAKE CITY (ABC4) The Utah House of Representatives and the Utah Senate have announced they will consider two resolutions regarding Critical Race Theory and Utah becoming a Second Amendment Sanctuary state during a special session on Wednesday.

The announcement from the Utah Senate comes after Utah Governor Spencer Cox left Critical Race Theoryand making Utah aSecond Amendment Sanctuary out of the special session agenda, saying in a letter to state lawmakers the two issues would benefit from more time, thought, dialogue, and input.

While Im sure someone might be able to point out differently, I cant remember these types of hot-button issues ever being put on a special session call. Its not that I disagree with the desire to act, but doing it the right way and at the right time will lead to better legislation, Gov. Cox added.

The Senate Majority Caucus said they are against Critical Race Theory being taught in Utah schools, saying in a statement to ABC4:

Everyone is created equal and should be judged by their character, not the color of their skin. For this reason, we oppose critical race theory being taught in schools. American history should be taught in a way that highlights our countrys highs and lows, triumphs, and mistakes. We do not want to erase or bypass history, but we need to prevent schools from endorsing discriminatory concepts.

The Senate Majority Caucus says they do, however, support making Utah a Second Amendment sanctuary state, saying in part, We are committed to protecting the Second Amendment rights defined in the U.S. Constitution by our Founding Fathers. Our most important duty as legislators is to preserve Utahns freedoms, including the freedom to bear arms without government interference.

The Utah House of Representatives announced they would also consider resolutions on Critical Race Theory and Second Amendment Sanctuary State.

In a statement to ABC4, Speaker of the House Brad Wilson said in part,

Utahns not federal bureaucrats must remain in control of what is taught in our schools to ensure students understand both positive and negative events in American history, and their duty to be engaged, respectful members of society.

Wilson continued, Similarly, constitutional rights should not be subject to the whims of executive orders. We are committed to working on legislation that reaffirms and safeguards the constitutional right of Utah citizens to keep and bear arms.

The Utah House Democrats released a statement opposing the Utah Senate hearing the resolutions, saying in part, We oppose holding an extraordinary special session to address the proposed issues not included on the Governors special session call. Democrats were excluded from discussions, we reject such divisive action, and we oppose the content of the resolutions,

Gov. Cox has authorized 22 issues to be considered by lawmakers during the special session. This includes budget issues involving federal funds available through the American Rescue Plan, bills passed in the2021 session, and new bills that include a prohibition on face mask requirements in schools and changes to electronic cigarettes.

Originally posted here:
Utah House, Senate to consider resolutions on Critical Race Theory and making Utah 2nd Amendment sanctuary - ABC 4

Gov. Spencer Cox declined to place legislation on list of bills

(Trent Nelson | The Salt Lake Tribune) Rep. Karianne Lisonbee, R-Clearfield, at the state Capitol in Salt Lake City in January 2021. She's in favor of Second Amendment Santuary status for Utah.

| May 14, 2021, 8:31 p.m.

| Updated: May 17, 2021, 4:27 p.m.

[Update: Second Amendment sanctuary wont be considered during this weeks legislative special session]

Lawmakers will meet Wednesday in special session, primarily so they can accept more than $1.5 billion in federal coronavirus relief money.

But a gun rights issue did not make it onto the agenda.

This is despite significant lobbying to persuade Gov. Spencer Cox to include a bill declaring Utah a Second Amendment sanctuary on the agenda for next week.

The idea would allow the state to ignore new federal laws or regulations on firearms that lawmakers believe violate the Second Amendment, which affords people the right to bear arms. It could extend to judicial rulings or executive actions by the White House.

Experts say even if lawmakers passed such a bill, it would be mostly symbolic because federal law trumps any state provision.

The state has no authority under the constitution to eliminate a provision of federal law, says University of Utah law professor RoNell Jones. The Supremacy Clause makes clear that if state law and federal law conflict, federal law prevails.

States have leeway over how they use their own resources to help, or not help, in the enforcement of federal law. But that does not extend to individual citizens.

A person who is running afoul of a particular federal law will still be in violation of that law, even if the state makes some statement opposing it. All of the relevant federal agencies will still be able to enforce the law against those citizens, and no declaration from the state can invalidate that law. The constitution does not give them that authority, she said.

The bill is championed by Rep. Karianne Lisonbee, R-Clearfield.

I hope its on the call, said Lisonbee via an email to The Tribune. Utah needs to join the many other states that have passed Second Amendment Sanctuary bills over the past few years.

Lisonbee did not provide any specifics on what her proposed legislation would do.

Gov. Coxs office would not comment directly on the legislation.

Utah legislators appear to be hitting the gas on expanding gun rights in the state. Earlier this year, Cox signed a bill eliminating the need for a permit to carry a concealed weapon in public. That effort was stymied for nearly a decade by Coxs predecessor, Gov. Gary Herbert, through vetos or threats of veto.

Rep. Cory Maloy, R-Lehi, tried to pass legislation earlier this year to make the state a haven for the Second Amendment. That effort died after Republicans in the Senate decided the permitless carry bill was the priority as they looked to avoid a backlash from voters.

Maloy previously said lawmakers planned to study the issue over the summer and fall before bringing a bill to the 2022 session.

Lisonbee did not explain why she believed the issue was so urgent that she wanted it to be considered in a special session rather than wait for the 2022 General Session.

At least 10 Utah counties have taken steps to declare themselves Second Amendment Sanctuaries, and nearly a half-dozen others are moving in that direction.

Lawmakers in Texas are currently debating several bills that would prohibit state agencies and local governments from enforcing new federal laws on guns. A bill in Ohio rejects federal gun legislation in the name of states rights under the 10th Amendment of the Constitution.

Link:
bill to make Utah a "Second Amendment Sanctuary" state may be heard next week - Salt Lake Tribune

Lawmakers will meet Wednesday in special session, primarily so they can accept more than $1.5 billion in federal coronavirus relief money.

But a gun rights issue may sneak onto the agenda.

Legislative sources tell The Tribune that there is significant lobbying to persuade Gov. Spencer Cox to include a bill declaring Utah a Second Amendment sanctuary on the agenda for next week.

The idea would allow the state to ignore new federal laws or regulations on firearms that lawmakers believe violate the Second Amendment, which affords people the right to bear arms. It could extend to judicial rulings or executive actions by the White House.

This article is published through the Utah News Collaborative, a partnership of news organizations in Utah that aim to inform readers across the state. For the complete story, click here.

Link:
Salt Lake Tribune exclusive: 'Second Amendment Sanctuary' bill could be heard in Utah next week - The Herald Journal