Utah Gun-Control Groups Challenge Referenda Law - The Firearms Forum

WAGCEVP · 06-28-2003, 05:31 PM

Utah Gun-Control Groups Challenge Referenda Law

Gun-control advocates plan to appeal a ruling related to the state's
concealed-weapons law, which allows weapons in schools and churches, the
Salt Lake Tribune reported June 25.

The Utah Safe to Learn, Safe to Worship Coalition is pushing for a
statewide ballot initiative to prohibit concealed weapons in certain
buildings. However, the group first is challenging the state's new
regulations for initiative signature-gathering.

Under the new law, before an initiative can go on the ballot, it must have
the signatures of 10 percent of the registered voters in 26 of 29 state
Senate Districts.

Third District Judge J. Dennis Frederick rejected the group's argument
that the new laws are unduly burdensome and, as a result,
unconstitutional.

Coalition attorney John Pearce said a previous U.S. Supreme Court ruling
supports the group's claim.

"Any time a fundamental right is burdened, the burden shifts to the
government to show that there's a legitimate government purpose underlying
the restriction and that the law actually and substantially furthers that
purpose," Pearce said. "We don't believe there is a legitimate purpose
underlying these restrictions. We'd like the court to rule on that."

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06-28-2003, 05:31 PM	#1
WAGCEVP V.I.P. Member Join Date: May 2003 Location: Georgia Posts: 179	Utah Gun-Control Groups Challenge Referenda Law Utah Gun-Control Groups Challenge Referenda Law Gun-control advocates plan to appeal a ruling related to the state's concealed-weapons law, which allows weapons in schools and churches, the Salt Lake Tribune reported June 25. The Utah Safe to Learn, Safe to Worship Coalition is pushing for a statewide ballot initiative to prohibit concealed weapons in certain buildings. However, the group first is challenging the state's new regulations for initiative signature-gathering. Under the new law, before an initiative can go on the ballot, it must have the signatures of 10 percent of the registered voters in 26 of 29 state Senate Districts. Third District Judge J. Dennis Frederick rejected the group's argument that the new laws are unduly burdensome and, as a result, unconstitutional. Coalition attorney John Pearce said a previous U.S. Supreme Court ruling supports the group's claim. "Any time a fundamental right is burdened, the burden shifts to the government to show that there's a legitimate government purpose underlying the restriction and that the law actually and substantially furthers that purpose," Pearce said. "We don't believe there is a legitimate purpose underlying these restrictions. We'd like the court to rule on that." -------------------------------------------------------------------- Visit http://www.jointogether.org for complete news and funding coverage, resource links and advocacy tools supporting community-based efforts to reduce and prevent substance abuse and gun violence. Join Together is a project of the Boston University School of Public Health. This information may be freely reproduced and distributed, provided that attribution is made to Join Together Online (www.jointogether.org). (Mail ID: 207351) __________________ The Second Amendment IS Homeland Security ! -->