The Utah State-Made Firearms Protection Act was passed in 2010. It addresses the legal status of a firearm manufactured in the state for use within the state and provides that a firearm or one of the various firearm-related items manufactured in the state for in-state use is not subject to federal firearms laws and regulations.

There are 8 other states that have similar laws to Utah’s, which include Alaska, Arizona, Idaho, Kansas, Montana, South Dakota, Tennessee, and Wyoming. The “Utah State-Made Firearms Protection Act” was designed from a Montana law called the “Montana Firearms Freedom Act”.

Why You Should Be VERY Careful About Building Your Own Firearms?

  1. In 2013 the federal district court in Montana Shooting Sports Association v. Holder it was upheld that the Montana law is trumped by the Gun Control Act of 1968 and many other federal laws. The court held that the federal gun control laws are constitutional and do not exceed Congress’s power to regulate interstate commerce under the federal Commerce Clause.
    This case involved the Plaintiff Gary Marbut was manufacturing AND selling the firearms without a Federal Firearms License using the Montana Firearms Freedom Act as an excuse to bypass Federal laws.
  2. In 2017, a federal judge rejected arguments that a Kansas law can shield from federal prosecution anyone owning firearms made, sold and kept in the state. The decision by U.S. District Judge J. Thomas Marten in United States v. Jeremy Kettler allows federal firearms charges against Shane Cox and Jeremy Kettler to stand. Jurors had previously returned eight guilty verdicts against Cox under the National Firearms Act for illegally making and marketing unregistered firearms, including a short-barreled rifle and gun silencers. Kettler was found guilty on one count of possession of an unregistered silencer. The Kansas Second Amendment Protection Act, which passed in 2013, says firearms, accessories, and ammunition manufactured and kept within the borders of Kansas are exempt from federal gun control laws.
    This case involved defendant Jeremy Kettler and his co-defendant Shane Cox. Both were charged for unlawfully and knowingly possessing an unregistered silencer which they were manufacturing AND selling the silencers to other people in Kansas without a Federal Firearms License using the Kansas Second Amendment Protection Act as an excuse to bypass Federal laws.

Conclusion

Because of these rulings, you must be VERY cautious and only build a firearm only for personal use. We advise you NOT to sell the firearm you made or violate any state or federal laws and try claiming you don’t have to obey them because of Utah state laws. If you do, as seen from the cases above, you are most likely going to get fried in federal court and end up paying a very expensive fine and spending time in federal prison.

Laws

Title 53, Chapter 5a Firearm Laws, Part 4 Utah State-Made Firearms Protections