Gun control advocates will appeal ruling
Gun control advocates pushing a statewide initiative to keep concealed weapons out of schools and churches will appeal their case to the Utah Supreme Court, advocates said Tuesday.
Third District Judge J. Dennis Frederick rejected the Utah Safe to Learn -- Safe to Worship Coalition's arguments that new rules for initiative signature-gathering are unduly burdensome and, therefore, unconstitutional.
During the 2003 Legislature, Utah lawmakers amended the state's election law to require initiative supporters to collect signatures from 10 percent of the registered voters in 26 of 29 state Senate Districts.
Coalition attorney John Pearce says a previous Supreme Court ruling supports initiative backers.
"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."
