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Show Fr Against Q Q L Official Ballot Title: Shall Article I, Section 6, of the State Constitution be amended to state that the individual right to keep and bear arms for the security and defense of the individual, family, others, property, or for other lawful purposes shall not be infringed, but the Legislature may define the lawful use of Proposition No. 5 arms. RIGHT TO BEAR ARMS AMENDMENT Vote cast by the members of the 1984 Legislature on final passage: HOUSE (75 members): Yeas, 63; Nays, 1; Absent or not voting, 11. SENATE (29 members): Yeas, 26; Nays, 1; iirnr. Lwt Absent or not voting, 2. it i nil IMPARTIAL ANALYSIS Proposal The Utah Constitution in Article 1, Section 6 guarantees the people the right to bear arms for their security and defense. This section also gives the legislature the authority to regulate the exercise of this right by law. The Utah Supreme Court has interpreted this section to indicate that it gives to the legislature the authority to forbid possession of dangerous weapons by those who are not citizens, who have been convicted of crimes, who are addicted to drugs, or who are mentally incompetent ( State Bearchia 530 P. 2d 813 1974). v. The proposed amendment defines the right to bear arms further by adding language which specifies the right as an individual right of the people to keep as well as bear arms. The revision lists the things for which keeping and bearing arms for security and defense may be used. These include: (1) self, (2) family, (3) others, (4) property, or (5) the state, and other lawful purposes. The proposed amendment deletes the provision that allows the legislature to regulate the exercise of the right to bear arms and instead gives the legislature the right to define the lawful use of arms. The changes in this proposed revision would not affect any of the current Utah laws which forbid the possession of dangerous weapons to criminals, drug addicts or mentally incompetent persons and other illegal use of arms now defined in statute. However, further legislation concerning the right to keep and bear arms would be limited to defining the lawful use of arms. Effective Date The amendment, if approved by the voters, would be effec tive beginning January 1, 1985. Fiscal Effect The proposed revision of Article any significant fiscal impact. 1, Section 6, will not have |