Anti-gun proposals at the federal level receive
the most attention, but similar proposals and restrictive ordinances
at the local level also threaten honest gun owners` rights and the
fundamental American principle of equal protection under the law for
all citizens. Local ordinances more restrictive than the laws of a
state may also violate the "right to keep and bear arms" protections
afforded by that state`s constitution, as well as the Second
Amendment to the Constitution of the United States.1
The problem with local firearm ordinances is also
one of sheer variety. Where no uniform state laws are in place, the
result can be a complex patchwork of restrictions that change from
one local jurisdiction to the next. But it is unreasonable to require
citizens, whether residents of a given state or persons passing
through or visiting a state, to memorize a myriad of laws. Where so
many ordinances exist, citizens with no criminal intent are placed in
jeopardy of running afoul of restrictions they don`t even know exist.
This can affect hunters, target shooters and firearm collectors who
travel through multiple jurisdictions on the way to hunting areas,
shooting ranges, and exhibitions. Additionally, individuals who
travel with firearms for personal protection are at risk of breaking
the law simply by crossing from one municipality to another. If
charged with a violation of an obscure local ordinance, the honest
gun owner faces, at the very least, great expense and devotion of
time to clearing his or her good name in court, and retrieving any
firearms and other property confiscated by law enforcement
officials.
To prevent the problems associated with
restrictive local ordinances, 46 states have enacted "firearm
preemption laws"--laws that prevent local jurisdictions from imposing
ordinances more restrictive than laws passed by the state legislature
and, in some cases, rescind local ordinances to ensure uniform
firearm laws statewide.2
The NRA works with gun owners and lawmakers to
enact preemption laws in the few states that still permit local
ordinances more restrictive than state law. To ensure uniform firearm
laws throughout your state and to guarantee equal rights for all,
support statewide firearms preemption.
1. The constitutions of 44 of the 50 states
contain provisions protecting the right to arms. The six states the
constitutions of which do not contain such provisions are California,
Iowa, Maryland, Minnesota, New Jersey, and New York. (Wisconsin
adopted its constitutional amendment in 1998.) The District of
Columbia, as a federal jurisdiction, is protected by the Second
Amendment to the U.S. Constitution.
2. Hawaii, Illinois and Nebraska do not have statewide firearm preemption of local ordinances. Connecticut, Massachusetts, New Jersey, and New York have preemption through judicial ruling, not statute. In Massachusetts, local ordinances may be imposed if approved by the state legislature. |