35: Gun Control by Bureaucrats
senate district 11, "Republican" and statutator
Curtis Oda, house district 14, "Republican".
Summary: SB 35 reauthorizes numerous
"administrative rules" created by unelected bureaucrats that
have the same effect as state statute. These include gun
controls and many other subversions of your natural rights.
This bill unanimously passed the senate (28
yeas, 0 nays, 1 absent/not voting), passed the house (64
yeas, 6 nays, 5 absent/not voting),
signed by Executive Monarch Gary Herbert.
UT Gun Rights
opposes this bill. See its
bill status page.
To contact your statutators,
this page ("F-5" on most browsers) to
see latest version.
Last updated: 2/26/14
at 7:37 PM.
The Devilish Details
Click picture to
The Obama regime isn't alone in
exercising executive order-type powers. On the state level,
unelected bureaucrats are very busy:
"Approximately one half of Utah's
codified law is written by state agencies."
Source: "Administrative Rules
Affect You!" at
Did you get the significance of that?
Half of Utah's codified statutes were written by
people other than your elected statutators!
SB 35 reauthorizes state agencies to
enforce gun control in the form of bureaucratically-generated
"administrative rules." These crafty concoctions circumvent
the checks and balances that differentiate a republican form
of government from a monarchy or oligarchy.
Here's how it works in a nutshell:
When statutators and Executive Monarch Herbert impose a
statute, bureaucrats get together and "interpret" how
government agencies will apply those statutes in the real
"…A properly enacted administrative
rule has the binding effect of law. Therefore, a rule affects
our lives as much as a statute passed by the legislature,
restricting individuals AND the agency that issues it."
"Spotlighting" Gun Owner Entrapment
For example, under "administrative
R657-11-14, the statutory definition of "spotlighting"
(i.e. using a spotlight to hunt, which is illegal) is expanded
to make people vulnerable who,
"…use or cast the rays of any
spotlight, headlight, or other artificial light to locate
protected wildlife while having in possession a firearm or
other weapon or device that could be used to take or injure
protected wildlife," or who, "…use... a spotlight or other
artificial light in a field, woodland, or forest where
protected wildlife are generally found…."
In other words, an open carry camper
on his way to the outhouse at night while using a flashlight
is not only "spotlighting," but must rebut the charge that he
is "spotlighting" even if he did not kill, or attempt to kill,
any animal. This "administrative rule" makes that camper
increasingly vulnerable to being detained, arrested, charged,
and convicted of "spotlighting," and having his/her firearms
Disarming Foster Parents
According to "administrative rule"
R501-12, foster parents who do not have a concealed carry
"permit," and who do not have their firearm on their person,
must essentially live in a disarmed, or criminally-vulnerable,
DCFS Attacks on Gun Owners
And according to "administrative rule"
R512-202-2, Utah's Child and Family Services agency can
intervene in "homes where there are... loaded weapons within
the reach of the child..." If, therefore, your 17-year old
minor child ever has access to a loaded firearm, a state
caseworker could use that to build the case that you are
guilty of "child endangerment," an abuser, and therefore
subject to state intervention; potentially by having your
child seized from you.
The only effective check on these
"administrative rules" is that the state statutarium
("legislature") must annually approve or reject them, or a
court must strike them down. HB 256 gave blanket approval to
ALL of these "administrative rules" — including the gun
controls outlined above.
Why is the Utah Taxpayers
Association President Sponsoring Gun Control?
2013 Utah Government Corruption Report, a
2013 rally flier, and elsewhere, UT Gun Rights warned how
false friends appear to be on your side, but fundamentally
serve the purposes of your opposition. And how important it is
to remain apprehensive about those who tell you things you
want to hear.
Consider the sponsor of SB 35, senate
statutator Howard Stephenson, who also dons the hat of
president of the
Taxpayers Association (UTA). Here are two of the
stated objectives of UTA:
"Scrutinizing tax programs and the
proliferation of questionable government acts."
"Seeking out the orderly elimination
of government programs or agencies that no longer serve a
useful purpose, by confronting and cooperating with public
officials through use of facts."
Source: UTA Purpose and Objectives
And according to the "Evaluation
Criteria" utilized by UTA, the following question is supposed
to be considered:
"Does the legislation result in
unnecessary governmental growth?"
Source: UTA Criteria page at
SB 35 proliferates numerous
questionable government acts, and empowers programs and
agencies that have usurped the statutory role and
responsibility of the house and senate. State agencies
have been so prolific, in fact, again, "Approximately one half
of Utah's codified law is written by state agencies."
Source: "Administrative Rules
Affect You!" at
So why would the president of such an
organization sponsor a bill like SB 35? Note that
statutator Stephenson is no stranger to gun control, scoring
an abysmal –38% on the
2013 Utah Government Corruption Report.
Perhaps Senate Monarch Wayne
Niederhauser realizes that someone like Stephenson can be
trusted to run his dirty errands, and is less apt to be
scrutinized by the people because of his position as UTA
Appropriate Action: Contact
The Two People Who Own the Statutarium ("legislature")
2013 Utah Government Corruption Report amply demonstrates,
two monarchs abuse and dominate the house and senate and work
together to destroy your rights:
house speaker Rebecca Lockhart and
senate president Wayne Niederhauser. Contrary to what you
learned in civics class, your house and senate statutators
merely serve their gun control agenda.
How can two people possibly exercise
such control? As one example, the house speaker and senate
president alone appoint and remove EVERY member of EVERY
committee. Lockhart and Niederhauser are empowered to do this
without any review or confirmation process.
Sources: “The general duties of the
Speaker are to:... appoint the members of committees…” (House
Rules 1-3-102. Duties of the speaker) and “The general
duties of the president are to:… appoint the members of
Duties of the president)
Consider the vast implications of this
incredible power! No bill may be voted on in the house or
senate without going through a committee. As a result, bills
live or die almost entirely upon the calculated orders of
these two monarchs.
Their powers are so extreme, no
provision exists in the house or senate rules to fire the
monarchs before their two-year terms are over. They lord over
each body, trade favors, and sell your rights; all while
pretending that decisions are made by the will of the majority
instead of their monarchial authority.
The political buck stops with Lockhart
and Niederhauser for failing to advance positive gun owner
bills, and for every gun control bill enacted. Until more
statutators are motivated to oppose the iron fists of the
monarchs’ near absolute power, your rights will continue to be
Because your house and senate statutators
merely serve their will and agenda, contacting them is often
just a courtesy call. Only two people hold the power
over Utah's statutarium ("legislature"):
For House Monarchess Rebecca Lockhart's contact
information (and the rest of the house statutators),
click here. For Senate Monarch Wayne
Niederhauser's contact information
(and the rest of the senate statutators),
Click here to go back
to The 2014 Bill Tracking Page: The Good, The Bad, and The