Show Arguments for Article Section of the Utah Constitution amended to read as follows: I 6 is to be The individual right of the people to keep and bear arms for security and defense of self family others property or the state as well as for other lawful purposes shall not be infringed but nothing herein shall prevent the legislature lawful use of arms from defining the The legislature retains the authority to define the lawful use of arms so as to protect the people for the misuse of arms The types of misconduct that the legislature may forbid by and defining the lawful use of arms are Examples of such misconduct include using arms to commit robbery carrying are while intoxicated using arms to harass intimidate or recklessly endanger someone shooting in an unsafe place or manner and poaching Vote “FOR” Proposition Bountiful Utah to enact laws against the misuse of arms and the police may continue to enforce such laws enforcement would extend to seizing arms which are misused individual right to keep and bear arms is guaranteed However convicted felons mental incompetents minors and illegal aliens would not be guaranteed this right The 5! Senator Jack M Bangerter 1177 East 500 North The amendment specifically guarantees broad individual liberties and protects the enjoyment of those liberties from infringement At the same time the legislature may continue Representative 2440 84010 Donna M Dahl East 6200 South Salt Lake City Utah 84121 An principle of law that such persons may be excluded from the enjoyment of the right to keep and bear arms is Constit ui ionally protected arms include rifles shotguns pistols and revolvers and hunting knives The term “arms” does not exl"nd to every conceivable weapon or instrument Thus weapons not commonly kept by people such as switchblade knives or instruments of mass destruction for example rockets or bombs find no protection under this guarantee The right to keep constitutionally protected arms includes the right to purchase arms and ammunition and to in arms of state a keep repair The object or end to be attained by this right is to guarantee that arms may be kept or borne for defensive purposes The right is not restricted just to the specified purposes Other lawful purposes are also included Thus traditional purposes such as lawful hunting and lawful recreation use would also be protected While the bearing of arms for a constitutionally protected purpose extends to epen carrying the bearing of annst oncealed ma be regulated by for example requiring a license to carry arms concealed However ''"‘“nsing would have to be equitably administered Futhermore the open of arms may be prohibited in places such as orirooms periling places or at a public assembly right to keep or bear arms for a constitutionally purp(Je may not be infringed Thus for example laws bar m possession or sale of constitutionally protected arms laws requiring a license to acquire or possess suh arms requiring the registration of such arms or imposing special taxation on such arms would be impermissible (: Rebuttal to Arguments in favor of Proposition No 5 The argument is very It fails to take into account the basic fact that the subject is very thoughtfully dealt with in the constitution as it now reads The statement lists classes of persons who are said not rights under the provision But that is not provided in the proposed amendment itself to be assured The statement undertakes to identify protected arms It specials It speaks in which terms amount to constitutional guaranties unequivocal is so broad as to include The fundamental is its infirmity of the statement the end to be attained by the “right” is to arms may be kept for defensive purposes Obviously it is not so confined that declaration assure that The statement declares that if adopted the provision would preclude legislation requiring licenses to acquire or possess arms “for a constitutionally protected purpose” and would preclude laws requiring registration Nothing could be more opposed to the public interest Firearms are intrinsically dangerous and as such should be registered just as of course are motor vehicles We know in the case of the latter that registration protection responsible requisite is vitally important to law enforcement and of public safety With the aid of registration persons will be encouraged to exercise the care criminal activity may be prevented and persons engaged in crime may be apprehended as well to firearms This applies Mr Jefferson B Fordham Distinguished Professor of Law College of Law |