Your State: does it allow for some muni/cty ordinances limiting carry locn/method?

This is a discussion on Your State: does it allow for some muni/cty ordinances limiting carry locn/method? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Wondering how many states have either broad preemption protections with exceptions , or have no preemption protections ... in either case, allowing municipalities and counties ...

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    VIP Member Array ccw9mm's Avatar
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    Question Your State: does it allow for some muni/cty ordinances limiting carry locn/method?

    Wondering how many states have either broad preemption protections with exceptions, or have no preemption protections ... in either case, allowing municipalities and counties to enact certain "No Guns" restrictions even for CHL holders.

    What's the case in your state? (Please identify the state involved, ref the statute if you'd like, note the preemption, plus any restrictions still allowed despite any preemption.)
    Last edited by ccw9mm; February 17th, 2014 at 01:15 PM. Reason: spelling, grammar
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    Missouri does not allow changes to CCW, but...........

    Missouri is basically an OC state, but does allow a city or town to exempt themselves, or effectively ban OC.
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    The state of Florida has complete preemption of firearm law. municipalities that violate that became subject to fines/penalties in 2012.

    The entire statute is too long to post but here's the opening paragraph:

    790.33 Field of regulation of firearms and ammunition preempted.—
    (1) PREEMPTION.—Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void.
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    Senior Member Array CIBMike's Avatar
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    Indiana had a problem with local city ordinances trying to preempt state law........much of the problem was municipalities making public places into gun free zones .

    In 2011 SB 99(I think that is the right number) was introduced and passed .This law prevents any local ordinances ,laws ect from preventing legally carried firearms in public areas.

    In 2012 it was tested and upheld in a case where an individual open carried to a polling location that was also a public area.
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    Ohio has preemption.
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    Michigan - Preemption for firearms but not knives. Silly isn't it.
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    Quote Originally Posted by RoadRunner71 View Post
    Michigan - Preemption for firearms but not knives. Silly isn't it.
    it's not well known but it is the same in FLA
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    AZ has Preemption for knives and guns ...
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    Ex Member Array Harryball's Avatar
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    Quote Originally Posted by RoadRunner71 View Post
    Michigan - Preemption for firearms but not knives. Silly isn't it.
    Very silly indeed. One area a 4 1/2 inch knife is allowed, 2 miles down the road it has to be 3. Im going to upgrade my statement and say its stupid.....
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    For the most part, NC has preemption. There are a few exemptions written in, such as "athletic facilities" that meet certain criteria but for the most part, municipalities may NOT write their own restrictions. Several have tried and have tried to take an expansive (dare I say Liberal) view of the athletic facility exemption. I have also seen a few illegal no guns postings, such as at the Greensboro Fine Arts center which references a city ordinance. Often times these meet resistance from the states grassroots organization and typically they cave when facing litigation. Here is a link to a current battle: Grass Roots North Carolina - GRNC Alert 2-15-14: Lenoir Co Put on Notice Park Ban is Illegal This will go up for a vote before the (Lenoir) county tonight. I sent an email to the county commissioners urging them to obey the law and received a reply from one of them saying that he has the votes to defeat the attempted ban.

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    Senior Member Array sdprof's Avatar
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    SD has state preemption regarding possession, carry, sales, etc.

    However, the law has no teeth, so several towns/cities have enacted ordinances to ban any firearm carry in any place that serves alcohol. To my knowledge, no one has challenged these. A bill was introduced this current legislative session to put teeth into the preemption laws, but was shortly withdrawn by the sponsor. Never got an answer as to why.
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    Quote Originally Posted by Harryball View Post
    Very silly indeed. One area a 4 1/2 inch knife is allowed, 2 miles down the road it has to be 3. Im going to upgrade my statement and say its stupid.....


    Yeah this is why I like AZ .. It is very silly that you could cross one state line and be legal and the other illagle .. I mean is the avenge Joe going to study up on the laws .. Really ?


    Esp true if you carry auto knives that can be fun in some states
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    VIP Member Array LimaCharlie's Avatar
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    Oregon is an open carry state that allows counties or cities to prohibit open carry. If you have a concealed handgun license, it preempts the county or city ban on open carry. It can get confusing.

    Concealed Handgun, License to Carry - Oregon Licenses, Permits and Registrations
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    Idaho does not allow cities, counties or ANY political sub-division (highway districts, library districts, ect.) to regulate firearms:

    Idaho code 18-3302J - Preemption of firearms regulation. http://www.legislature.idaho.gov/ids...CT18-3302J.htm

    (1) The legislature finds that uniform laws regulating firearms are necessary to protect the individual citizen's right to bear arms guaranteed by amendment 2 of the United States Constitution and section 11, article I of the constitution of the state of Idaho. It is the legislature's intent to wholly occupy the field of firearms regulation within this state.
    (2) Except as expressly authorized by state statute, no county, city, agency, board or any other political subdivision of this state may adopt or enforce any law, rule, regulation, or ordinance which regulates in any manner the sale, acquisition, transfer, ownership, possession, transportation, carrying or storage of firearms or any element relating to firearms and components thereof, including ammunition.

    The State of Idaho has taken to task several cities that have tried to ignore the pre-emption Statute.
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    VA has preemption.

    15.2-915. Control of firearms; applicability to authorities and local governmental agencies.

    A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

    Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. However, no locality shall adopt any workplace rule, other than for the purposes of a community services board or behavioral health authority as defined in 37.2-100, that prevents an employee of that locality from storing at that locality's workplace a lawfully possessed firearm and ammunition in a locked private motor vehicle. Nothing in this section shall prohibit a law-enforcement officer, as defined in � 9.1-101, from acting within the scope of his duties.

    The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail, juvenile detention facility, or state-governed entity, department, or agency.

    B. Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.

    C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.

    D. For purposes of this section, "workplace" means "workplace of the locality."
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