How many states have Pre-emption Laws pertaining to guns?

[usmarine0352_2005]

https://www.nraila.org/gun-laws/

Look under the "more" section for each state.

Thanks. Too bad no one has a combined number like 48 states do.

 

[morcey2]

Don't all states have pre-emption from the constitutional level? The 2nd doesn't specify "congress" like the 1st, so that "shall not" would apply to all law-making/enforcing bodies. Same reason you can't be cruelly tortured or jailed without trial for state level crimes.

I'm going off the top of my head here, but I believe that the 14th amendment (or its subsequent application by the SCOTUS) applied the limitations placed on the federal govt related to civil rights to state and local govts.

In theory, yes the 2A should be all the preemption we need. In practice (such as in a courtroom) it doesn't, at least as of right now.

Matt.

 

[Elkins45]

Kentucky does. Prior to its' passage (sometime in the 90's I believe) I know it was illegal to sell BB guns or arrows in Lexington--which was odd because I used to live down the street from an archery shop.

 

[gbw]

However....

I don't think preempt laws are any use where Federal law is concerned - state law does not preempt federal law.

So if the wrong president is elected (very possible), and then that president chooses the wrong SC justices (very likely), watch out 2nd A.

a) Executive Orders would be upheld.
b) Heller / MacDonald very possible overturned, no reason to assume stare decisis would matter one whit.
c) Any gun control law to make it through congress will be upheld.

 

[Spats McGee]

Arkansas does. Ark. Code Ann. 14-16-504.

 

[Shanghai McCoy]

Kansas has pre-emption. And I'd say our gun and self defense laws are currently in the top 5 in the country, probably top 3.

And let's hope they stay that way.

 

[chipcom]

Such a double-edged sword. One the one hand, preemption in Ohio gives us somewhat uniformity of the law throughout the state, but on the other hand I believe that the local community should be able to decide for themselves what is right for their communities. 'tis both a conundrum and contradiction fer shure.

 

[RVN11B]

Missouri does.

 

[Deanimator]

Such a double-edged sword. One the one hand, preemption in Ohio gives us somewhat uniformity of the law throughout the state, but on the other hand I believe that the local community should be able to decide for themselves what is right for their communities. 'tis both a conundrum and contradiction fer shure.

Would you rather have to know and obey two ENTIRELY separate sets of gun laws depending upon which side of Center Ridge Rd you were standing on, Rocky River on the north and Fairview Park on the south... then Westlake, not too many blocks west?

SHOULD Cleveland be able to ban ownership of AR-15s and prosecute me for driving through Cleveland with one in my trunk? Should they be able to arrest me for selling a non-prohibited person a handgun without reporting it to them?

And why just guns? Should Seven Hills be allowed to ban political or religious speech?