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Which States Have Preemption Laws Regarding Firearms: Merged

4K views 37 replies 36 participants last post by  ccw9mm 
#1 · (Edited)
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. :yup:
 
#2 ·
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
 
#3 ·
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. :yup:
VA has it not sure the code.
 
#4 ·
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. :yup:

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.
 
#5 ·
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.
 
#9 ·
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.
 
#12 ·
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.
 
#13 ·
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]
 
#14 ·
Texas and Louisiana both have pre-emption laws.
 
#37 ·
Unfortunately it isn't total preemption. Cities can regulate open, unlicensed carry, including transport in vehicles. There is a "universal" and optional transport code for unloaded and in a container.
But sales, and all licewnsed concealed carry is strictly a state law function.
 
#16 ·
Montana

45-8-351. Restriction on local government regulation of firearms. (1) Except as provided in subsection (2), no county, city, town, consolidated local government, or other local government unit may prohibit, register, tax, license, or regulate the purchase, sale or other transfer (including delay in purchase, sale, or other transfer), ownership, possession, transportation, use, or unconcealed carrying of any weapon, including a rifle, shotgun, handgun, or concealed handgun.

(2) (a) For public safety purposes, a city or town may regulate the discharge of rifles, shotguns, and handguns. A county, city, town, consolidated local government, or other local government unit has power to prevent and suppress the carrying of concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or school, and the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors.

(b) Nothing contained herein shall allow any government to prohibit the legitimate display of firearms at shows or other public occasions by collectors and others, nor shall anything contained herein prohibit the legitimate transportation of firearms through any jurisdiction, whether in airports or otherwise.
 
#17 ·
Georgia 16-11-173

Georgia has a state preemption law regulating firearms; which means the legislature is the only governing body that can regulate the manner of gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms, components of firearms, firearms dealers, or dealers in firearms components. Counties, cities, municipalities, and other local governments cannot pass laws or ordinances that regulate gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms, components of firearms, firearms dealers, or dealers in firearms components.
 
#18 ·
Georgia
State Preemption

Georgia has a state preemption law regulating firearms; which means the legislature is the only governing body that can regulate the manner of gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms, components of firearms, firearms dealers, or dealers in firearms components. Counties, cities, municipalities, and other local governments cannot pass laws or ordinances that regulate gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms, components of firearms, firearms dealers, or dealers in firearms components.

State preemption includes restricting the ability of any unit of government (other than the State itself) to file a lawsuit against any firearms or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public. (This does not include cases brought by a government entity for breach of contract or express warranty as to firearms or ammunition purchased by the political subdivision or local government authority)

State preemption does allow local governments; to regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employment with that local unit of government; requiring the ownership of guns by heads of households within the political subdivision, and reasonably limiting or prohibiting the discharge of firearms within the boundaries of the municipal corporation. (State preemption law allows local governments to pass ordinances requiring the ownership of firearms within the political subdivision, the city of Kennesaw requires heads of the household to maintain a firearm in the house at all times. Also state preemption allows local governments to pass ordinances "reasonably restricting" the discharge or shooting of firearms within the political subdivision. "Reasonably restricting" means restricting the discharge of firearms in pursuant to target practicing and hunting. This does not apply to discharging of firearms pursuant to defense of health, life, and property.)(16-11-173)

Darn...Goldshellback beat me to it.
 
#19 ·
Missouri has it....

RSMO 21.750. 1. The general assembly hereby occupies and preempts the entire field of legislation touching in any way firearms, components, ammunition and supplies to the complete exclusion of any order, ordinance or regulation by any political subdivision of this state. Any existing or future orders, ordinances or regulations in this field are hereby and shall be null and void except as provided in subsection 3 of this section.

RSMO 21.750.2. No county, city, town, village, municipality, or other political subdivision of this state shall adopt any order, ordinance or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes or other controls on firearms, components, ammunition, and supplies except as provided in subsection 3 of this section. ..." (which is open carry)
 
#20 ·
South Carolina

SECTION 23-31-510. Prohibition against regulation of certain matters.

No governing body of any county, municipality, or other political subdivision in this State may enact or promulgate any regulation or ordinance which regulates or attempts to regulate the transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms, or any combination of these things.

SECTION 23-31-520. Power to regulate public use of firearms; confiscation of firearms or ammunition.

This article does not affect the authority of any county, municipality, or political subdivision to regulate the careless or negligent discharge or public brandishment of firearms, nor does it prevent the regulation of public brandishment of firearms during the times of or a demonstrated potential for insurrection, invasions, riots, or natural disasters. This article denies any county, municipality, or political subdivision the power to confiscate a firearm or ammunition unless incident to an arrest.

Located here down the page under Local Regulations:

South Carolina Law Enforcement Division
 
#22 ·
Maine has it in the constitution. Article I, section 16.


" Section 16. To keep and bear arms. Every citizen has a right to keep and bear arms and this right shall never be questioned. "


I have watched the legislature torpedo bills that would have countered this state preemption. :cheer:
 
#24 ·
In New Mexico a statewide referendum was held to add the following to Art.2 Sec.6 of the state constitution. "No county or municipality shall regulate in any way, an incident of the right to keep and bear arms".
In spite of attempts by the media to confuse and sway the public, the measure passed by a 2:1 margin, really ******* off the democrats.
However pre-emption means nothing if the courts do not follow the intent of the law. Subsequent to it's adoption, 2 counties enacted ordnances prohibiting the discharge of firearms.
In Colorado, the courts have allowed Denver to enact restrictions despite their pre-emption law.
 
#25 ·
Idaho does:

Idaho Statutes TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 33
FIREARMS, EXPLOSIVES AND
OTHER DEADLY WEAPONS
18-3302J. PREEMPTION OF FIREARMS REGULATION. (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.
(3) A county may adopt ordinances to regulate, restrict or prohibit the
discharge of firearms within its boundaries. Ordinances adopted under this
subsection may not apply to or affect:
(a) A person discharging a firearm in the lawful defense of person or
persons 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 persons or property;
(d) A person lawfully discharging a firearm on a sport shooting range as
defined in section 55-2604, Idaho Code; or
(e) A person discharging a firearm in the course of target shooting on
public land if the discharge will not endanger persons or property.
(4) A city may adopt ordinances to regulate, restrict or prohibit the
discharge of firearms within its boundaries. Ordinances adopted under this
subsection may not apply to or affect:
(a) A person discharging a firearm in the lawful defense of person or
persons or property; or
(b) A person lawfully discharging a firearm on a sport shooting range as
defined in section 55-2604, Idaho Code.
(5) This section shall not be construed to affect:
(a) The authority of the department of fish and game to make rules or
regulations concerning the management of any wildlife of this state, as
set forth in section 36-104, Idaho Code;
(b) The authority of counties and cities to regulate the location and
construction of sport shooting ranges, subject to the limitations
contained in chapter 26, title 55, Idaho Code; and
(c) The authority of the board of regents of the university of Idaho,
the boards of trustees of the state colleges and universities, the board
of professional-technical education and the boards of trustees of each of
the community colleges established under chapter 21, title 33, Idaho Code,
to regulate in matters relating to firearms.
(6) The provisions of this section are hereby declared to be severable.
And if any provision is declared invalid for any reason, such declaration
shall not affect the validity of the remaining portions of this section.
 
#26 ·
Does your state have firearms preemption?

I was just wondering what the normal is for most states. Do most have complete preemption of firearm laws? Here in Nebraska we have a large patchwork of firearm laws across the state. There is preemption for people with a CHP, which is limited to their concealed handgun, as long as it stays concealed.

The patchwork includes, but is definitely not limited to: gun registration in multiple cities, a permit to open carry in one city, and a lot of stupid anti-gun ordinances in several other cities that are not state law, which are still being enforced.

Also, the preemption that I spoke of earlier for CHP holders is still being illegally ignored by certain cities. So even though the CHP preemption finally eliminated many, many cities from banning CHP holders, it still isn't very good. It seems the cities here don't give a crap what the law is, it's frustrating.

So, what is your state like?
 
#27 ·
We have preemption in Tennessee, but those local laws that were on the books before 1986 were "grandfathered." So, one still must be careful here.
 
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