Utah Legislature: Gun law may not cost Utah

SALT LAKE CITY — Utah's top law enforcement officer said Gov. Gary Herbert can sign a controversial new bill without worrying about dragging the state into a potentially expensive legal battle with the federal government.

The state Legislature approved a law Feb. 10 that declares guns manufactured and sold wholly in Utah are not covered by federal firearms regulations or the Constitution's interstate commerce clause because a gun made and sold in-state can't be considered interstate commerce.

The bill is a bold stroke for states' rights, but the Legislature's own attorney warned it also is likely unconstitutional, sparking concern among some lawmakers and Herbert that it could drag the state into costly litigation.

It has also become a rallying point for some Utah gun rights groups, who have launched publicity efforts urging Herbert not to veto the bill.

Utah Attorney General Mark Shurtleff, however, said his office has advised the governor that he can sign the bill and still keep the state out of court. Shurtleff said the governor and legislative leaders can agree to delay implementation of the law pending the outcome of a similar law in Montana, the one on which Dayton's proposal was modeled, that is already being litigated.

"We informed the governor that if he's concerned about vetoing it because of the cost, there's this option," Shurtleff said. "We've done this frequently."

The attorney general said with the approval of his clients, he can file a friend-of-the-court brief in the existing case rather than fight a separate legal battle.

Herbert has expressed concern about getting the state embroiled in a fight with the federal government at a time when the budget can least afford a further burden. Herbert spokeswoman Angie Welling told the Deseret News that the governor and his legal staff are currently reviewing the legislation.

He has until next Friday to sign, veto or allow to become law without his signature.

"Gov. Herbert believes the goals and objectives of SB11, which are to mount a challenge to the current interpretation of the federal interstate commerce clause, are laudable," Welling said. "However, he is also aware that he has a constitutional and fiscal responsibility to the people of the state of Utah."