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Preemption

What is Preemption?
Preemption is a doctrine of state law that holds that a state law supersedes a local law or regulation that is in the same field and is in conflict or inconsistent with the state law. For example, if a state legislature enacts gun control legislation and the intent of the legislation is to occupy the field of gun control, then a municipality is preempted from enacting its own gun control ordinance. In some cases, state preemption may be partial, allowing local municipalities the ability to create ordinances for some aspects of a regulation. For instance, the state may preempt the regulation, licensing, possession and registration of handguns while allowing local municipalities to regulate the sale and purchase of firearms (Illinois).

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Preemption vs. Local Ordinances

Preemption vs. Local Ordinances

John Caile — November 23, 2018

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John Caile — July 8, 2016

The information contained on this website is provided as a service to USCCA, Inc. members and the concealed carry community, and does not constitute legal advice. We make no claims, representations, warranties, promises or guarantees as to the accuracy, completeness or adequacy of the information disclosed. 

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