Which States Have Preemption Laws Regarding Firearms: Merged

This is a discussion on Which States Have Preemption Laws Regarding Firearms: Merged within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; I know PA has preemption laws protecting PA residents from the stupidity of Philly etc. PA: 1 8 PA.C.S. § 6120 states, "No county, municipality ...

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Thread: Which States Have Preemption Laws Regarding Firearms: Merged

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    JD [OP]
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    Which States Have Preemption Laws Regarding Firearms: Merged

    I know PA has preemption laws protecting PA residents from the stupidity of Philly etc.
    PA:
    18 PA.C.S. § 6120 states, "No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth."
    So which other States have similar legislation?

    Also, please provide links to the law if possible or at least quote the law, here say is fine for some, but I like to actually be able to see the legislation.

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    Ex Member Array Ram Rod's Avatar
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    Arkansas
    Arkansas has state preemption for most firearms laws. However, localities may enact laws regulating the discharge of firearms, or in emergency situations. Local units of government and private individuals may not sue firearms manufacturers or dealers for matters relating to the lawful manufacture or distribution of firearms, except in cases of product liability or breach of contract.

    Automatic weapons must be registered with the Arkansas secretary of state, in addition to being registered under federal law.
    Gun laws in the United States (by state) - Wikipedia, the free encyclopedia

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    VIP Member Array Rob99VMI04's Avatar
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    Quote Originally Posted by JD View Post
    Creating stricter gun laws than the State?

    I know PA has preemption laws protecting PA residents from the stupidity of Philly etc.


    So which other States have similar legislation?

    Also, please provide links to the law if possible or at least quote the law, here say is fine for some, but I like to actually be able to see the legislation.
    VA has it not sure the code.
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    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by JD View Post
    Creating stricter gun laws than the State?

    I know PA has preemption laws protecting PA residents from the stupidity of Philly etc.


    So which other States have similar legislation?

    Also, please provide links to the law if possible or at least quote the law, here say is fine for some, but I like to actually be able to see the legislation.

    Florida.

    790.33 Field of regulation of firearms and ammunition preempted.--

    (1) PREEMPTION.--Except as expressly provided by 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, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void. This subsection shall not affect zoning ordinances which encompass firearms businesses along with other businesses. Zoning ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited.
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    Virginia has preemption, below is the info:

    § 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. 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 or juvenile detention facility.

    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.
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    NC has it for most gun laws, but there is a law that allows cities and counties to enact a "display ban" on firearms on local gov't property, including streets, sidewalks and right-of-ways.

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    Ohio has it. it was just upheld at the State Supreme Court level as well.
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    Quote Originally Posted by David in FL View Post
    Florida.

    790.33 Field of regulation of firearms and ammunition preempted.--

    (1) PREEMPTION.--Except as expressly provided by 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, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void. This subsection shall not affect zoning ordinances which encompass firearms businesses along with other businesses. Zoning ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited.
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    WA State

    RCW 9.41.290: State preemption.

    RCW 9.41.290
    State preemption.


    The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.

    [1994 sp.s. c 7 § 428; 1985 c 428 § 1; 1983 c 232 § 12.]

    Notes:
    Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540.

    Effective date -- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.

    Severability -- 1985 c 428: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1985 c 428 § 6.]

    Application -- 1983 c 232 § 12: "Section 12 of this act shall not apply to any offense committed prior to July 24, 1983." [1983 c 232 § 13.]

    Severability -- 1983 c 232: See note following RCW 9.41.010.
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    Member Array Rusty Bouquett's Avatar
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    The PRC, believe it or not. And, the state supreme court recently told the city of Than Franthisco that they had to obey the state law.

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    Tennessee is strict about preemption.
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    Colorado:

    29-11.7-103. Regulation - type of firearm - prohibited.


    A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable.

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    Oregon has preemption, but it's not completely cut-and-dried:

    AUTHORITY TO REGULATE FIREARMS

    166.170 State preemption.
    (1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

    (2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 §1]



    166.171 Authority of county to regulate discharge of firearms.
    (1) A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within their boundaries.

    (2) Ordinances adopted under subsection (1) of this section may not apply to or affect:

    (a) A person discharging a firearm in the lawful defense of person or property.

    (b) A person discharging a firearm in the course of lawful hunting.

    (c) A landowner and guests of the landowner discharging a firearm, when the discharge will not endanger adjacent persons or property.

    (d) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.

    (e) A person discharging a firearm in the course of target shooting on public land that is not inside an urban growth boundary or the boundary of a city, if the discharge will not endanger persons or property. [1995 s.s. c.1 §2]



    166.172 Authority of city to regulate discharge of firearms.
    (1) A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within the city’s boundaries.

    (2) Ordinances adopted under subsection (1) of this section may not apply to or affect:

    (a) A person discharging a firearm in the lawful defense of person or property.

    (b) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting. [1995 s.s. c.1 §3]



    166.173 Authority of city or county to regulate possession of loaded firearms in public places.
    (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.

    (2) Ordinances adopted under subsection (1) of this section do not apply to or affect:

    (a) A law enforcement officer in the performance of official duty.

    (b) A member of the military in the performance of official duty.

    (c) A person licensed to carry a concealed handgun.

    (d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370. [1995 s.s. c.1 §4; 1999 c.782 §8]



    166.174 Authority of city, county, municipal corporation or district to regulate possession or sale of firearms.
    Notwithstanding any other provision of law, a city, county or other municipal corporation or district may not adopt ordinances that regulate, restrict or prohibit the possession or sale of firearms in a public building that is rented or leased to a person during the term of the lease. [1995 s.s. c.1 §5]



    166.175 Authority of city to regulate purchase of used firearms.
    (1) Notwithstanding any other provision of law, a city may continue to regulate the purchase of used firearms by pawnshops and secondhand stores.

    (2) As used in this section, “secondhand store” means a store or business whose primary source of revenue is the sale of used merchandise. [1995 s.s. c.1 §6]



    166.176 Exception to preemption for certain county ordinances.
    (1) Nothing in ORS 166.170 or 166.171 is intended to preempt, invalidate or in any way affect the operation of any provision of a county ordinance that was in effect on November 2, 1995, to the extent that the provision:

    (a) Established a procedure for regulating, restricting or prohibiting the discharge of firearms; or

    (b) Regulated, restricted or prohibited the discharge of firearms.

    (2) Subsection (1) of this section does not apply to ordinances regulating, restricting or prohibiting the discharge of firearms on a shooting range or in a shooting gallery or other area designed and built for the purpose of target shooting. [1997 c.403 §1]
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    Distinguished Member Array Bob The Great's Avatar
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    Texas and Louisiana both have pre-emption laws.
    "A well-educated electorate, being necessary to the continuance of a free state, the right of the people to keep and read books shall not be infringed."
    Is this hard to understand? Then why does it get unintelligible to some people when 5 little words are changed?

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    Senior Member Array Sarge45's Avatar
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    Thankfully, Kansas has preemption.

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