SALT LAKE CITY -- Pragmatism versus patriotism -- that was part of the argument for some Top of Utah lawmakers Wednesday as the Legislature prepares to send one of the leading message bills in this session to the governor for his signature.
The heart of the message is about states' rights, and the vehicle is gun control.
"Our responsibility is to uphold the Constitution as we see fit," said Rep. Ryan Wilcox, R-Ogden, about the reasoning behind Senate Bill 11.
Wilcox joined with others in a lengthy and sometimes passionate floor debate on the bill, its final hearing before House lawmakers passed it 56-17.
Firearms made and kept in Utah would be exempt from federal regulations under the measure, which an independent legislative analyst said was "highly likely" to be held unconstitutional and forced into court.
The proposal replicates one Montana enacted into law last year that's intended to trigger a federal court battle.
The measures would allow guns made in the respective states to be exempt from federal gun registration rules such as background checks for those who purchase the guns.
The goal is to circumvent federal authority over interstate commerce, the legal basis for most gun regulation in the U.S.
But some legislators worried about potentially racking up legal bills during lean financial times.
"What cost would this be?" asked Rep. Neil Hansen, D-Ogden, questioning the wisdom of the legislation and the aggressive stand it represents.
Sen. Margaret Dayton, an Orem Republican, initially introduced her bill as part of a broader effort to send a message to Congress that the federal government is overstepping its bounds.
The bill must be signed by the Senate president, who has indicated he will do so before sending it off to the governor.
Gov. Gary Herbert has not committed to signing or vetoing the bill. He said Wednesday that states' rights are an issue for him, but that he also worries about the legal costs that go with the possible constitutional court case that may be a consequence of the legislation.
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