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Show Arguments Against Rebuttal to The proposed I'tah constitutional amendment as to firearms should not be approved by the voters. The present constitutional provision is quite It recognizes a right to bear arms and, at the same time, empowers the legislature to regulate the subject. Nothing could be more Arguments against Proposition Xo. 5 Currently, Article I. Section 6 of the I'tah Constitution not only grants a right, but allows the legislature to restrict the right. This leaves the provision open to a great deal of interpretation. Subsequently, in one recent I'tah Supreme Court case dealing with this issue, the five justices wrote three different opinions as to what rights the citizens of I'tah have and the extent those rights can be regulated. One of evident than that organized society should be competent to protect the public safety against the unregulated availability of deadly weapons. those opinions state that regulation to the point of complete prohibition is a proper exercise of legislative authority under Utah's current constitutional provision! As the Supreme Court of the United States has made quite dear, the provisions of the Second Amendment to the Constitution of the I'nited States concerning a right to bear arms relate to the availability of arms for citizen militia. Therefore, Proposition 5 seeks to change the last clause of the current language from a grant of legislative authority to regulate the right to a recognition of the legislative power to define the lawful use of arms. It's a change that will not compromise the ability of the legislature to draft laws necessary to protect the populace from firearms misuse. It would be no less than foolhardy to deny the representatives of the people adequate authority to protect the citizenry generally against the misuse of deadly weapons. Certainly it should be clear that all of us in organized society have vital dependence upon our elected representatives to adopt reasonable measures to assure the public-safet- The amendment also acknowledges the right belongs to the individuals in society rather than the people as a whole and adds the right of keeping arms to the already recognized lanfies the right to bear arms. In addition. Proposition reasons for keeping and bearing arms to include not only ote AGAINST" Proposition o as an unnecessary and unwise change in the I'tah constitution! security and defense, but other lawful purposes hunting and target shooting Mr Jefferson B. Fordham Distinguished Professor of of Law sur h as Proposition 5 is needed to provide this and future generations of Utah citizens with a strong, posit ive guarantee of their individual right to keep and bear arms University of Utah Salt Lake City. Utah 84112 VOTE FOR" Proposition 5! Senator dark M Bangerter 7 East oOb North Bountiful. I tab spiln 1 1 Representative Donna M Dahl 244i East bJt'b South Salt Lake ( in. I tah 4121 29- |