Explore The NRA Universe Of Websites

Crossing the Line – Firearm Preemption Protection Under Attack

Friday, January 19, 2018

Crossing the Line – Firearm Preemption Protection Under Attack

Gun control groups are fond of describing preemption as a doctrine whereby a state has stripped local governments of their power to regulate guns. In fact, under established legal principles, localities are subordinate “creatures of state law,” with no inherent rights or powers other than what a state decides to delegate to them through statutes or charters. Although some local governments may be delegated an authority to regulate public safety and welfare (“police power”) as broad as that exercised by the granting state itself, this power retains its essential character as delegated authority and is limited both by the corporate boundaries of the locality and any restrictions on its exercise that may be imposed by the state. 

State preemption laws have been enacted across the nation to block local governments from passing laws on labor and employment, taxation, and many other issues of sufficient importance to require consistency and justify a uniform policy approach across the state.  

For example, half of all states have some form of preemption on local minimum wage laws; 19 states likewise preempt local governments from imposing mandatory paid leave laws; over 40 states have limitations on how local governments raise revenue or assess or spend taxes; and more than 40 states have laws that prohibit localities from enacting laws restricting firearms, ammunition, and firearm components.

The tradeoff for withholding this local legislative power is equalized laws throughout a state, which means individuals and businesses don’t have to navigate a variety of conflicting regulatory schemes that change with each municipal or county boundary. In the case of firearm preemption laws, these ensure that fundamental Second Amendment rights are not diluted or distorted through controversial local policies. As NRA-ILA executive director Chris Cox has noted, firearm preemption laws protect gun owners “from harassment by an unreasonable and confusing patchwork of municipal gun laws… so that the state legislature, rather than every town, village, and burg, has the sole ability to control state police powers that are clearly of general concern.”  

One illustration is a City of Seattle court case arising from the city’s decision to implement a “gun-free” policy, which resulted in a ban on firearms in public places like community centers, sports fields, playgrounds, performing art venues, and others owned or managed by the city. Winnie Chan and other concealed carry permittees successfully sued and overturned the policy for not only violating the preemption law, RCW 9.41.290, but another statute that authorized persons with a valid permit to carry “for the purposes of protection or while engaged in business, sport, or while traveling” unless otherwise prohibited by state law. Confirming that actions taken by a local government in excess of the limits on its authority are invalid, regardless of how well-intentioned or critical to public welfare they are alleged to be, the court pointed to explicit language in RCW 9.41.290 that repealed local rules, “regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.” 

Since then, localities and the courts in the Evergreen State have been chipping away at the preemption statute. Last year, the Supreme Court of Washington upheld a City of Seattle fee imposed exclusively on gun and ammunition sales, an “innovative” measure to “save lives” and create local funding for “gun violence” research. The court determined that RCW 9.41.290 preempts only “regulation” of firearms, not taxation.

More significantly, legislators in Washington State have recently introduced a bill, SB 6146, to repeal the state preemption law entirely. As justification, the bill cites the need to “restor[e] inherent local authority to adopt firearms regulations” so localities may themselves “address the epidemic of firearm violence in their communities.”  

It’s not difficult to understand the impact of this bill if passed. According to a U.S. census document, as of 2012 Washington State had close to 2,000 local governments – including counties, cities, and towns. King, Pierce, and Snohomish counties, three of the most densely populated counties, had anywhere from 86 to 157 units of local government within each county alone. Once each locality has the authority to build upon state laws and adopt its own area-wide rule, law-abiding citizens who cross the line of their own jurisdiction to work, shop, visit, or travel will have to comply with whatever mix of firearm and ammunition restrictions and bans the local lawmakers view as feasible from time to time.  

Gun control proponents argue that this local control of firearm laws allows for innovative, “customized solutions” to gun crime, and fills “regulatory gaps” at the state and federal level. This state and federal “policy vacuum” argument disregards the extensive network of federal and state laws – especially in Washington State – that already comprehensively addresses firearms and firearm offenses. Such local “solutions,” moreover, have previously run afoul of state firearm rules, or sought to impose clearly unconstitutional gun restrictions (as was the case with since-invalidated handgun bans in Chicago and the District of Columbia). And far from overriding “tradition” and leading to “illogical results,” preemption laws are based on long-standing legal principles on the legislative preeminence of the state over localities, and the need for consistency on issues as important as civil rights. 

Every recent gun control measure promoted in Washington State, from the so-called “universal background checks,” to the “extreme risk protection order” law, to the Seattle “gun violence tax” on gun and ammunition sales has been predicated on promises of reducing gun crime and protecting families and communities. Once passed, though, the background check law has been found to have had no “measurable effect,” the enactment of Seattle’s gun fee has been followed by more violent crime, and information on the “extreme risk protection order” law suggests it is not being used (the proponent group admits it isn’t tracking the use or effectiveness of the law). The bill proposing the revocation of the preemption law is no different. 

Preemption laws are not new. As anti-gun activists increasingly focus their agenda on convincing state legislatures to adopt restrictive firearm laws and bans, legislators need to remember that there are good policy reasons, quite apart from the constitutionally protected rights at stake, for why almost all states have laws prohibiting local jurisdictions from imposing their own gun policies.

TRENDING NOW
Rep. Sheri Biggs Introduces Legislation to Ensure Ability to Ship Firearms

News  

Thursday, May 1, 2025

Rep. Sheri Biggs Introduces Legislation to Ensure Ability to Ship Firearms

On April 28, 2025, Representative Sheri Biggs (R-SC-03) introduced the Protecting the Mailing of Firearms Act (H.R. 3033). This legislation will remove the arbitrary prohibition on the mailing of handguns and ammunition via the United States Postal ...

Anti-gun Lawmakers Attempt to Ban Essential Second Amendment Arms

News  

Monday, May 5, 2025

Anti-gun Lawmakers Attempt to Ban Essential Second Amendment Arms

On April 30, Sen. Adam Schiff (D-Calif.) introduced the so-called “Assault Weapons Ban of 2025.” Picking up where his predecessor Dianne Feinstein left off, Schiff’s legislation would ban commonly-owned semi-automatic firearms, such as the AR-15.

Kansas Supreme Court Enforces PLCAA in High Profile Case

News  

Monday, May 5, 2025

Kansas Supreme Court Enforces PLCAA in High Profile Case

Last week, the Kansas Supreme Court upheld a significant district court dismissal in Johnson v. Bass Pro Outdoor World, LLC, deciding that Bass Pro Outdoor World and Beretta USA/Beretta Italy cannot be sued by a man who ...

Partisan Due Process Renaissance Excludes American Gun Owners

News  

Monday, May 5, 2025

Partisan Due Process Renaissance Excludes American Gun Owners

An observer of American political discourse can’t go anywhere these days without being bombarded by reproachful references to the importance of “due process.”

Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Not Your Father’s DOJ: Government Actively Backs Second Amendment in Litigation

News  

Monday, May 5, 2025

Not Your Father’s DOJ: Government Actively Backs Second Amendment in Litigation

It has, in theory, always been the sworn duty of the U.S. Department of Justice (DOJ) to uphold the constitutional rights of American citizens and to affirmatively protect fundamental liberties. 

New Hampshire: Hearing on Firearms Safety Training in Schools This Week

Monday, May 5, 2025

New Hampshire: Hearing on Firearms Safety Training in Schools This Week

On Friday, May 9th, the House Criminal Justice and Public Safety Committee will hold a hearing on an amendment to SB 54 that would require NRA's Hunter Education and Eddie Eagle GunSafe programs to be taught in New Hampshire Schools. 

House Committee on Veterans’ Affairs Votes to Advance Legislation to Protect Veterans Second Amendment Rights

News  

Tuesday, May 6, 2025

House Committee on Veterans’ Affairs Votes to Advance Legislation to Protect Veterans Second Amendment Rights

On Tuesday, May 6, 2025, the House Committee on Veterans’ Affairs, led by Chairman Mike Bost (R-IL-12), held a markup for several bills. Among these bills being considered was H.R. 1041, the Veterans 2nd Amendment Protection Act, ...

Arizona: Pro-Gun Bills Pass Legislature, Head to Governor Hobbs for Signature

Tuesday, May 6, 2025

Arizona: Pro-Gun Bills Pass Legislature, Head to Governor Hobbs for Signature

The Arizona Legislature recently passed several pro-gun bills that will now head to Governor Hobbs for her signature. Please use the TAKE ACTION button below to contact Governor Katie Hobbs and urge her to sign these ...

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

News  

Monday, May 5, 2025

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

The Chairmen of the House and Senate Committees on Veterans’ Affairs, U.S. Representative Mike Bost (R-IL-12) and Senator Jerry Moran (R-KS), as well as Senator John Kennedy (R-LA), have reintroduced the Veterans 2nd Amendment Protection Act ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.