State-Made Firearms Protection Act

 

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 Should You Pretend This Utah Law Does Not Exist?

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 power to regulate interstate commerce under the federal Commerce Clause.

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.

Conclusion

Because of these rulings, we advise you NOT to violate any federal gun control statute 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 spending time in federal prison and paying a very expensive fine.

LAWS

53-5b-101. Title.
This chapter is known as the "Utah State-Made Firearms Protection Act."

53-5b-102. Legal considerations.
In reviewing any matter covered by this chapter, a court shall consider the following:
(1) The Tenth Amendment to the United States Constitution guarantees to the state and its people all powers not granted to the federal government elsewhere in the Constitution and reserves to the state and people of Utah certain powers as they were understood at the time that Utah was admitted to statehood.
(2) The guarantee of powers to the state and its people under the Tenth Amendment is a matter of contract between the state and people of Utah and the United States as of the time of statehood.
(3) The Ninth Amendment to the United States Constitution guarantees to the people rights not granted in the Constitution and reserves to the people of Utah certain rights as they were understood at the time that Utah was admitted to statehood.
(4) The guarantee of rights to the people under the Ninth Amendment is a matter of contract between the state and people of Utah and the United States as of the time of statehood.
(5) The regulation of intrastate commerce is vested in the state under the Ninth and Tenth Amendments to the United States Constitution.
(6) The Second Amendment to the United States Constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Utah was admitted to statehood, and the guarantee of the right is a matter of contract between the state and people of Utah and the United States as of the time of statehood.
(7) The Utah Constitution clearly secures to Utah citizens, and prohibits government interference with, the right of individual Utah citizens to keep and bear arms.
(8) A personal firearm, a firearm action or receiver, a firearm accessory, or ammunition that is manufactured commercially or privately in the state to be used or sold within the state is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce.
(9) The Legislature declares that a firearm, a firearm action or receiver, a firearm accessory, and ammunition described in Subsection (8) does not travel in interstate commerce.
(10) The importation into the state of generic and insignificant parts and those parts incorporation into a firearm, a firearm action or receiver, a firearm accessory, or ammunition manufactured in the state does not subject the firearm, firearm accessory, firearm action or receiver, or ammunition to federal law or regulation.
(11) Basic materials, including unmachined steel and unshaped wood, are not firearms, firearm actions or receivers, firearms accessories, or ammunition.
(12) Trade in basic materials is not subject to congressional authority to regulate fireams, firearm actions or receivers, firearms accessories, and ammunition as if the basic materials were actually firearms, firearm actions or receivers, firearms accessories, or ammunition.
(13) Congress's authority to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearm actions or receivers, firearms accessories, and ammunition made in the state from basic materials.
(14) The attachment or use of firearms accessories in conjunction with a firearm manufactured in the state does not subject the firearm to federal regulation under Congress's power to regulate interstate commerce, without regard to whether the firearms accessories are themselves subject to federal regulation.

U.C.A. 53-5b-103. Definitions.
As used in this chapter:
(1) "Firearm" means a device from which is expelled a projectile by action of an explosive.
(2) "Firearm accessory" means an item that is used in conjunction with or mounted upon a firearm, firearm action, or firearm receiver but is not essential to the basic function of a firearm, including:
(a) a telescopic or laser sight;
(b) a magazine;
(c) a flash or sound suppressor;
(d) a folding or aftermarket stock or grip;
(e) a speed-loader;
(f) an ammunition carrier; and
(g) a light for target illumination.
(3) "Generic and insignificant parts:"
(a) means parts that have other manufacturing or consumer product applications; and
(b) includes:
(i) springs;
(ii) screws;
(iii) nuts; and
(iv) pins.
(4) "Manufactured" means creating a firearm, a firearm action or receiver, a firearm accessory, or ammunition from basic materials for functional usefulness, including:
(a) forging;
(b) casting
(c) machining; and
(d) another process for working materials.

53-5b-201.  Intrastate firearm manufacturing.
(1) This chapter applies to a firearm, a firearm action or receiver, a firearm accessory, or ammunition that is manufactured in the state to remain in the state from basic materials that can be manufactured without the inclusion of any significant parts imported into the state.
(2) This chapter does not apply to:
(a) a firearm that cannot be carried and used by one person;
(b) a firearm that has a bore diameter greater than 1-1/2 inches and that uses smokeless powder, not black powder, as a propellant
(c) a firearm that discharges two or more projectiles with one activation of the trigger or other firing device, other than a shotgun; or
(d) ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm.

53-5b-202. Required markings.
A firearm, firearm action, or firearm receiver manufactured or sold in Utah under this chapter must have the words "Made in Utah" or "Made in UT" clearly stamped on a central metallic part, such as the receiver or frame.