News & Updates

Before we get into the ridiculousness of what happened, let’s get something straight. All firearm sales by Federal Firearm License (FFL) dealers at gun shows are required by Federal law to conduct a background check on potential buyers. The “gun show loophole” as gun control advocates call it, is about private sales of firearms which buyers and sellers are not required by Utah or Federal law to have a background check completed prior to purchasing or selling a firearm.

What’s the big deal?

Salt Lake County Mayor Jenny Wilson (Democrat) has now forced the two gun shows, Rocky Mountain Gun Show and Crossroads of the West Gun Show, who utilize the county-owned Mountain America Expo Center in Sandy to sign a contract that will require all private transfers of firearms in the gun shows to have a background check completed. We say forced because the gun shows either signed the contract or have all their gun shows canceled. Although no gun shows are scheduled in two other county-owned facilities, this also affects the Salt Palace Convention Center in Salt Lake City and the Salt Lake County Equestrian Park in South Jordan.

Wilson stated, “I support the rights of lawful gun owners, but the risk of a private transaction resulting in the sale of a firearm to someone with a violent criminal record or history of domestic abuse is a risk we cannot accept in Salt Lake County.” Wilson also said she consulted with the Salt Lake County District Attorney’s Office before creating this policy.

Not only is it wrong and most likely illegal for Wilson to make this policy (we get into that in a moment), it doesn’t do anything. It’s one of the stupidest policies that anyone has ever thought of. In fact Dan Case, who is in charge of these facilities, admitted that the policy could only be enforced inside the gun show. It would not stop buyers and sellers from advertising in the gun shows or making plans to go somewhere else to complete the transaction or simply stepping out the front door or going into the parking lot and conducting the transaction.

Is it now illegal to buy or sell a firearm through private sale?

NO! Wilson created a stupid policy that only affects gun shows in Salt Lake County. It is not a law and therefore you cannot be arrested or charged with a crime.

Is the policy Wilson made illegal?

We think it is and it will likely see it’s doom shortly or Salt Lake County will be dealing with multiple lawsuits and wasting more of the taxpayers money. In fact Utah law says, “a local authority or state entity may not prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting, or keeping a firearm at the individual’s place of residence, property, business, or in any vehicle lawfully in the individual’s possession or lawfully under the individual’s control. Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on either public or private property.

LAWS

53-5a-102. Uniform firearm laws.
(1) The individual right to keep and bear arms being a constitutionally protected right under Article I, Section 6 of the Utah Constitution, the Legislature finds the need to provide uniform civil and criminal firearm laws throughout the state.
(2) Except as specifically provided by state law, a local authority or state entity may not:
(a) prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting, or keeping a firearm at the individual’s place of residence, property, business, or in any vehicle lawfully in the individual’s possession or lawfully under the individual’s control; or
(b) require an individual to have a permit or license to purchase, own, possess, transport, or keep a firearm.
(3) In conjunction with Title 76, Chapter 10, Part 5, Weapons, this section is uniformly applicable throughout this state and in all its political subdivisions and municipalities.
(4) All authority to regulate firearms is reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities.
(5) Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on either public or private property.
(6) As used in this section:
(a) “firearm” has the same meaning as defined in Section 76-10-501; and
(b) “local authority or state entity” includes public school districts, public schools, and state institutions of higher education.
(7) Nothing in this section restricts or expands private property rights.

76-10-500. Uniform law.
(1) The individual right to keep and bear arms being a constitutionally protected right, the Legislature finds the need to provide uniform laws throughout the state. Except as specifically provided by state law, a citizen of the United States or a lawfully admitted alien shall not be:
(a) prohibited from owning, possessing, purchasing, selling, transferring, transporting, or keeping any firearm at his place of residence, property, business, or in any vehicle lawfully in his possession or lawfully under his control; or
(b) required to have a permit or license to purchase, own, possess, transport, or keep a firearm.
(2) This part is uniformly applicable throughout this state and in all its political subdivisions and municipalities. All authority to regulate firearms shall be reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities. Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact or enforce any ordinance, regulation, or rule pertaining to firearms.

76-10-501. Definitions.
As used in this part:
(23) “State entity” means a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.

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• “Local authority” is not defined in Utah law but can generally be described as “the governing body of a county”, “an organization that is in charge of the public services for a community”, “the group of people responsible for the government of a particular area, town, or city”. Basically, a local authority is the same as a local government.

You can also read additional information about this from the Salt Lake Tribune, KSL News and Gun Radio Utah Facebook Page.