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Utah governor: Feds have no right to regulate guns in state
ksl.com ^ | 26 February, 2010 | John Daley

Posted on 02/27/2010 7:33:39 AM PST by marktwain

SALT LAKE CITY -- Gov. Gary Herbert signed a controversial message bill about guns Friday after raising questions just a day before about its cost. His Democratic opponent calls it a mistake that could cost the state millions.

It's called Senate Bill 11. It would exempt Utah from any federal regulations on firearms made and sold within the state.

Thursday, the governor hinted he might veto the bill, due to questions about its constitutionality and the costs of potentially lengthy court fight.

"I don't mind the message. I just don't want to end up having a million dollar cost attached to it, where we have slim chance of winning," Herbert said. "I think we have a slim chance of even getting to the Supreme Court, which is the intent of that particular piece of legislation."

Friday, Herbert signed the bill, saying: "There are times when the state needs to push back against continued encroachment from the federal government." He said he signed the law because it furthers the dialogue without "unduly burdening Utah taxpayers."

But the governor's Democratic opponent, Salt Lake County Mayor Peter Corroon, says with the state facing a $700 million budget deficit, signing the bill was the wrong decision.

"I'm pro-gun. I'm pro-Second Amendment. I'm pro-state sovereignty. But I'm also a fiscal conservative, and I'm concerned that this bill could cost taxpayers up to $10 million," Corroon says.

The same debate is being heard on Capitol Hill over the cost and consequences of a series of so-called message bills.

"Those who criticize generally aren't those who represent a group of constituents. For me personally, my constituents are very pleased with the message bills we run," says Senate Majority Leader Scott Jenkins, R-Plain City.

(Excerpt) Read more at ksl.com ...


TOPICS: Constitution/Conservatism; Extended News; News/Current Events; US: Utah
KEYWORDS: 10thamendment; banglist; constitution; federalism; garyherbert; lds; lping; mormon; ut
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If limited govenment is to survive in the USA, we must bring the Federal government back to within constitutional limits.
1 posted on 02/27/2010 7:33:39 AM PST by marktwain
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To: marktwain

controversial ????


2 posted on 02/27/2010 7:36:04 AM PST by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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To: marktwain

Notice, the “costs” to fight the federal government are really attorney fees. What this country really needs is a ferocious house cleaning of trial lawyers.


3 posted on 02/27/2010 7:41:00 AM PST by NoControllingLegalAuthority (As Wichita falls so falls Wichita Falls)
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To: marktwain

The $10 million would be well spent. I assume the State would receive a lot of money from outside donors, if necessary.


4 posted on 02/27/2010 7:41:06 AM PST by Loyal Buckeye
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To: marktwain
There are times when the state needs to push back against continued encroachment from the federal government

Right message, right time!

5 posted on 02/27/2010 7:43:35 AM PST by CRBDeuce (here, while the internet is still free of the Fairness Doctrine)
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To: marktwain
I'm concerned that this bill could cost taxpayers up to $10 million," Corroon says.

BS. $10 million is chump change and these people know it.

And, compared to the way the state is spending on pure junk, this is money very well spent.

When Bush 1 was in office, a lib I know whined incessently about some $40 mil expenditure the Pubbies did. When Slick Willie was in office he thought the $15 billion midnight basketball bill was just wonderful.

6 posted on 02/27/2010 7:50:03 AM PST by ChildOfThe60s (If you can remember the 60s, you weren't really there.)
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To: marktwain

good luck
this argument was lost in the 30’s
every little bit helps, but thee commerrce clausee is all pervasive.


7 posted on 02/27/2010 7:50:56 AM PST by genghis
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To: marktwain

I’m wondering if we will ever bring back State Militias.


8 posted on 02/27/2010 7:52:19 AM PST by djf (Islam. Kick them out TODAY or they will KILL US TOMORROW!!)
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To: marktwain

10 Million Dollars for a States attorney to Square Off with the Federal Government regarding a Question of Constitutionality?

If true, that is a wicked and evil perversion of Justice, our Constitution and Bill of Rights in and of itself.

W


9 posted on 02/27/2010 7:54:17 AM PST by WLR (Remember 911 Remember 91 Iran delinda est.)
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To: ChildOfThe60s

That’s how it alwasy goes, though. I would have liked to have seen such fiscally-minded Republicans when Bush was spending us down the drain.


10 posted on 02/27/2010 7:55:15 AM PST by Wolfie
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To: djf

Isn’t the National Guard the modern day equivalent? I know that neighbors can band together to form local militias but in terms of tanks, APCs, jets, and proper C&C facilities I thought the Guard in each state was the successor to the militia system?


11 posted on 02/27/2010 7:56:23 AM PST by Eyes Unclouded ("The word bipartisan means some larger-than-usual deception is being carried out." -George Carlin)
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To: Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; Allerious; ...
"There are times when the state needs to push back against continued encroachment from the federal government."



Libertarian ping! Click here to get added or here to be removed or post a message here!
View past Libertarian pings here
12 posted on 02/27/2010 8:02:14 AM PST by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: Eyes Unclouded
Nope. They are not "State militias" if they are working for the Feds.

Many states had their own militia laws, I have a book called:
Manual
Of the
MILITIA LAWS
of the
UNITED STATES
and of the
STATE OF MICHIGAN
also
RULES AND REGULATIONS


Compiled and arranged by
WILLIAM SHAKESPEARE
Quartermaster General
BY DIRECTION OF THE STATE MILITARY BOARD
1883


It quoted federal militia law but focuses on the Michigan laws related to training, equipment, eligibility, excercises, etc.
13 posted on 02/27/2010 8:08:24 AM PST by djf (Islam. Kick them out TODAY or they will KILL US TOMORROW!!)
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To: djf

Already happening. If you’ve time, check out the 1st Tennessee Rifle Unit....

http://www.1sttnrifles.net/


14 posted on 02/27/2010 8:16:35 AM PST by gettinolder (Smashed lips save ships.)
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To: marktwain

“”I’m pro-gun. I’m pro-Second Amendment. I’m pro-state sovereignty. But I’m also a fiscal conservative, and I’m concerned that this bill could cost taxpayers up to $10 million,” Corroon says.”

Yeah, sure you are.


15 posted on 02/27/2010 8:18:41 AM PST by dljordan (Psalm 109:8 "Let his days be few; and let another take his office. ")
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To: Eyes Unclouded
"Isn’t the National Guard the modern day equivalent?"

Not "State Militias".
One of the very few powers the Constitution gives Congress is to pay for and train "the militia". This is separate from the powers listed to raise and maintain the Navy and Army. The Constitutional requirement to have a militia is why we have the National Guard like you said... but not the State Militias.
U.S. Constitution Article 1 Section 8
Powers of Congress
(Line 15)"To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;"

16 posted on 02/27/2010 8:19:14 AM PST by GregoTX (When people find they can vote themselves money it will herald the end of the republic. Ben Franklin)
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To: gettinolder

“Already happening. If you’ve time, check out the 1st Tennessee Rifle Unit....”

Hey, that’s amazing, two of my granddaddys were in the 1st Tennessee under General Greene. :)


17 posted on 02/27/2010 8:21:28 AM PST by dljordan (Psalm 109:8 "Let his days be few; and let another take his office. ")
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To: Eyes Unclouded

Here is Federal law regarding militias from Revised Statutes of the United States 1873

http://books.google.com/books?id=gEMFAAAAYAAJ&pg=PA285&lpg=PA285&dq=militia+title+xvi&source=bl&ots=hiTpGN-4K8&sig=FPY07wz3-w8m3_RAXbacRHnCJ20&hl=en&ei=KEWJS8eROY-OtAORys2EAw&sa=X&oi=book_result&ct=result&resnum=4&ved=0CA0Q6AEwAw#v=onepage&q=militia%20title%20xvi&f=false


18 posted on 02/27/2010 8:22:21 AM PST by djf (Islam. Kick them out TODAY or they will KILL US TOMORROW!!)
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To: genghis

The decisions of the 1930s are gradually being reversed, so this is a good move.

Commerce clause-creep was halted in the 1990s; now we must undo the damage.


19 posted on 02/27/2010 8:24:14 AM PST by B Knotts (Calvin Coolidge Republican)
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To: marktwain

I can think of no better use of taxpayer money than preserving constitutional limits on the federal government.


20 posted on 02/27/2010 8:25:16 AM PST by EricT. (Can we start hanging them yet?)
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