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 The Debate

Repealing State Preemption Laws

The majority of states have passed some form of state preemption laws with regard to the regulation of firearms. Generally speaking, these state preemption laws forbid local communities from passing firearm laws that are more stringent than those governing the state as a whole.

If a state has not passed a gun preemption law, cities of that state are free to enact measures to regulate firearms. For example, the absence of a state preemption law in Illinois allows the Township of Morton Grove to ban possession of handguns within city limits.

In light of gun safety law gridlock at the national level, some cities are interested in enacting their own ordinances to promote gun safety and seek the repeal of state preemption laws as a means to restore local control over firearm policy.


 Proponents Say
  • The firearm injury experience of different areas—rural, semi-rural, suburban and urban—differ greatly. Municipalities need the freedom to address their particular aspects of the firearm issue as they see fit. This may sometimes mean enacting stronger legislation that exists at the state level.
     
  • Local jurisdictions should have the right to self-legislate.
     
  • The inconvenience imposed on transients is outweighed by the potential benefits of addressing local aspects of the firearm issue with local legislation.

 Critics Say
  • 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. It is unreasonable to require lawful gun owners, whether residents of a given state or persons passing through or visiting a state, to memorize a myriad of laws, at the risk of potential expense and confiscation of their firearms.

 What the Public Thinks
  • No data on public support is available at this time.
     

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 New Report
What is the "Gun Show Loophole" and why is it important? Read the new AGS report.

 Gun Laws
Do the Gun Laws in your state protect your rights and your safety? Print out our quick reference page, or send it to your friends via email. Help spread the word about gun safety in your community.



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