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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

Click here for updates on this story

MOBILE COUNTY, Alabama (WALA) Alabama Rep. Shane Stringer is no longer a captain with the Mobile County Sheriffs Office, the office announced Friday.

According to the MCSO, Sheriff Sam Cochran made the decision Wednesday because of different political views held by his administration.

The MCSO statement did not specify those differing political views.

But Stringer later Friday morning issues a news release stating he is proud to defend Second Amendment gun rights despite losing (his) job over Constitutional stance.

Stringers new release states that Cochran fired him over the his stance on the issue.

The Second Amendment gun rights of Alabamians are under attack from a liberal federal government that is out of control and even from some factions right here at home, Stringer, who previously served as the chief of the Satsuma Police Department, said in a statement. After dedicating my life and career to law enforcement, losing a job because I stand in support of Alabama gun owners is certainly surprising, but nothing will discourage me from defending the constitutional guarantees promised to all of us as American citizens.

Sringer said Cochran notified him on Wednesday that he was being fired as a captain within the department because he is sponsoring constitutional carry gun rights legislation as a member of the Alabama House of Representatives.

Stringers House Bill 618 would allow Alabamians to carry or conceal a pistol without first obtaining a permit from their local sheriffs office. Some local sheriffs have opposed legislation such as Stringers because they have come to depend upon fees from the permitting process as a revenue generator for their offices, and others have expressed safety concerns, Stringers news release states.

The U.S. Constitution does not say you have a right to keep and bear arms as long as you pay what amounts to a gun tax in the form of permit fees, Stringer said. It says you have the right to keep and carry firearms, period.

Stringer said that despite Cochrans action, he remains committed to his legislation and to the Alabama law enforcement community.

As a state legislator, I swore an oath to God that I would support the U.S. Constitution, and this legislation does just that, String said. And whether or not I am employed by the Mobile Sheriffs Office, my heart and soul will always belong to the mission of enforcing the law and to my fellow officers who seek to protect the men, women, and children of Alabama.

Stringer joined the MCSO in 2018.

That same year, Stringer, a member of the Republican party, was elected as a member of the Alabama House of Representatives, representing District 102. His current term ends in November 2022.

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Legislator says he was fired because of Second Amendment stance - ABC17NEWS - ABC17News.com

New state law mirrors federal law passed on a bipartisan basis

PHOENIX, Ariz. (KYMA, KECY) - Governor Doug Ducey signed legislation Friday to protect the Second Amendment rights of Arizonans by safeguarding against frivolous lawsuits that have no connection to unlawful use of firearms.

"With efforts currently underway in Washington to erode Second Amendment rights, Arizona is taking action to protect those rights," shared Gov. Ducey."...were safeguarding manufacturers, sellers and trade associations. Bad actors need to be held accountable, and we will work to make sure they are. But were not going to allow lawsuit after lawsuit to slowly tear down the Constitutional rights of law-abiding citizens in our state. Senate Bill 1382 achieves this goal, and Im grateful to Representative Quang Nguyen and Senator Wendy Rogers for leading on this important legislation."

SB 1382 prohibits the state, and all entities of the state, from suing a member of the firearms industry for lawful design, marketing, distribution and sale of firearms and ammunition to the public. The legislation also prohibits a civil action from being brought against a manufacturer or seller of a firearm or ammunition, or related trade association for damages resulting from the criminal misuse of the firearm or ammunition, with exceptions.

It additionally protects manufacturers or sellers of firearms and ammunition from civil action for damages resulting from the criminal misuse of the firearm or ammunition, except in specified circumstances.

"Arizona isand will remaina strong 2nd Amendment state," said Judi White of Tucson, a champion of gun rights who has long been active in the National Rifle Association. "We cant let flippant lawsuits hinder operations of firearm or ammunition manufacturers, sellers and trade associations that are following the law. Senate Bill 1382 makes sure of that. Thank you, Gov. Ducey, for signing legislation that protects citizens Constitutional rights."

In 2005, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) providing federal protection for law-abiding firearms and ammunition industry members against frivolous lawsuits. PLCAA has been challenged in recent years, including in April when President Joe Biden stated removing PLCAA as a 'top priority' of his administration. Senate Bill 1382 classifies the federal provisions under state law.

Senator Wendy Rogers introduced SB 1382.

Read the original here:
2nd amendment state rights receive further protection - KYMA

Concealed weapons on campus? HB 102 directly raises that issue. But in spite of arguments to the contrary this is not a Second Amendment issue as it relates to campuses. What is at issue is the Regents constitutional right to manage Montanas university system.

Our history is rife with examples where politics and vested interests have interfered with our higher education system. In 1915, at the behest of the Legislature and the Anaconda Company (ACM), University President Craighead was fired for not towing the ACM line. Later a law professor was terminated for the same reason and a popular teacher was forced out for documenting the blatant favorable taxation granted to mining interests. Throughout the 1950s and 60s mineral and timber interests in the state exercised considerable control in the Legislature. Eventually the people had enough.

The frustration of Montanas people about politics in higher education resulted in the 1972 Constitution creating Montanas Board of Regents and granting it full authority over the higher education system: The government and control of the Montana university system is vested in a board of regents of higher education which shall have full power, responsibility, and authority to supervise, coordinate, manage and control the Montana university system That broad power underwent judicial review and was affirmed in 1975 by the Montana Supreme Court in State ex rel. Judge. That opinion forms the basis for the Regents sole authority over the university since that time.

The Regents and the University are responsible for more than 50,000 students, faculty and staff statewide. Many students are under the age of 18, making the University responsible to a degree for these minors. How to manage weapons within this large and diverse population is a serious responsibility, and one which the Regents have embraced to the apparent consternation of certain members of the legislative branch.

With the concealed carry law, the Legislature attempts to substitute its judgment for that of the Regents. Knowing that implementing concealed carry will impose costs on the University a million dollars was added to the budget bill in a transparent attempt to bribe or extort their way out of their unconstitutional overreach. A caveat to the budget provides that the right to the extra money is void if the Regents challenge the constitutionality of HB 102. Not win the case, just challenge the Legislature. The Legislature does not want the Regents to oppose HB 102, apparently hoping to buy their way out of a constitutional challenge.

The Legislature is going about this backward. The Regents are constitutionally charged with management of the University. If the Legislature believes the Regents policies regarding guns on campuses are unconstitutional, as some have asserted, their path is to challenge the Regents and Universitys rules in court, not to simply substitute their judgment for that of the Regents. If a court determines the Universitys current gun policies must be revised the Regents will follow the orders of the court. The Legislature has no legitimate role in this process.

The long-term efforts of Montanans to remove politics from higher education came to fruition in the Constitutional Convention in 1972. HB 102, along with the million-dollar bribe, invades the province of the Regents to manage the University. If the Regents exercise their legal right to challenge HB 102 they are punished. This intrusive precedent should not be tolerated. If the budget amendment and HB 102 are not constitutionally challenged the Regents and the University can anticipate that future legislative overreach coupled with blackmail funding amendments will become commonplace. The hard-earned and longstanding constitutional independence of the University from political control is at stake. We shouldnt let that happen.

Steve Barrett is former chairman of the Montana Board of Regents.

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Open carry on campus is not a 2nd Amendment issue - Daily Inter Lake