ST. GEORGE — A bill passed by the Legislature earlier this week closes a loophole that had been used by Salt Lake County to require background checks for firearms sales and transfers done within county-owned facilities.
SB 115, titled “Firearm Preemption Amendments,” passed its final vote in the Senate on Tuesday and now heads to the governor’s desk for signing. Sen. Chris Wilson, of Logan, and Rep. Cory Maloy, of Lehi, sponsored the bill.
The legislation clarifies that the authority to regulate firearms is in the hands of the state only, and cannot be exercised by counties or municipalities within the state. While this has long been the case in Utah overall, SB 115 addresses and closes the loophole used by Salt Lake County enact its own firearms ordinance in early 2020.
The county ordinance required the private sale of firearms conducted on county-owned venues, such as the Salt Palace Convention Center or Salt Lake County Equestrian Park, to be subject to a background check. The private sales of firearms in Utah does not require background checks if done between Utah residents.
“Our most important duty as legislators is to preserve Utah’s freedoms, including the freedom to bear arms without unnecessary government interference,” Sen. Wilson said in a Senate committee hearing held Jan. 25.
“In recent years local governments have attempted to exploit loopholes in state law to regulate firearms at conventions, not acting in the interests of all Utahns,” he said. “The purpose of this bill is to clarify and protect citizens from local government gun regulations that contradict state law… This bill makes it clear that local governments do not have authority to regulate firearms.”
SB 115 is similar to two previous bills ran by Maloy in 2020 and 2021 that found a measure of support yet did not survive their journey through the Legislature as the bills either stalled or did not receive priority at the time.
“This bill is one we’ve heard before, though it comes through the Senate this year,” Maloy said while on the House floor last week. “The purpose of the bill is to prove an enforcement mechanism to ensure consistency in firearm laws through the state of Utah.”
A part of the bill allows individuals to sue a local government if they believe it has violated their rights by enacting gun regulation in violation of state code.
A letter from Salt Lake County Mayor Jenny Wilson opposing SB 115 was also read in the Jan. 25 committee hearing.
“This common sense and potentially life-saving measure has been effectively implemented with no impact to the gun shows, purchasers or sellers,” Mayor Wilson said in the letter. “The public is safer if a purchaser’s background check is required when buying a gun from a licensed dealer or private seller.”
Mayor Wilson’s letter went on to state gun violence was at an all time high and that background checks can help prevent guns getting into the hands of known criminals.
“It is an overreach by the state legislative body to mandate specific conditions that impede the effective, safe operations of county facilities,” she added. “It is critical that Salt Lake County remain in control of its local venues and facilities.”
The House passed SB 115 on Feb. 17 in a 58-16 vote with Southern Utah Reps. Walt Brooks, Travis Seegmiller, Brad Last, Rex Shipp, Phil Lyman, Merrill Nelson and Lowry Snow each voting in favor the bill.
The Senate passed SB 115 on Feb. 3, with Southern Utah Sens. Don Ipson and David Hinkins voting in favor of the bill. Though Sens. Evan Vickers and David Ovens were absent for the Feb. 3 vote, they voted in favor of it Tuesday when it came before a Senate for a concurring vote after passing the House.
In relation to local governments passing gun-related laws, Virgin made national news in 2000 by passing an ordinance requiring residents own firearms, though the town has never enforced it. More recently, Spring City in Sanpete County passed an ordinance in 2015 encouraging its citizens to own firearms and get firearms training.
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