Resources & Research
Study examines 'red flag' gun laws and state efforts to block local legislation
New York University, 6/24/2021
Firearm Extreme Risk Protection Order Laws and Preemption: New Developments and Outstanding Issues, 50 States
Jennifer Pomeranz & Gilberto Ochoa, American Journal of Preventive Medicine (2021)
To better understand the current landscape of red flag laws, the researchers gathered and analyzed all state red flag laws and related preemption bills and laws proposed or enacted as of July 1, 2020... They... identified five preemption bills in four states (Alaska, Georgia, Minnesota, and Kansas with two bills) and one that was signed into law (Oklahoma). [Emphasis added]
Pandemic Backlash Leaves Cities With Less Decision-Making Power
Bloomberg Law, 7/19/2021
The power struggle amplifies a broader trend of state preemption, in which primarily Republican-led legislatures limit how left-leaning cities regulate issues like guns, minimum wage, and rent control. The pandemic added public health to the debate, and the new laws raise concerns that cities in states including Arizona, Florida, and Montana will be powerless to address Covid-19 variants and other emerging issues. [Emphasis added]
‘Rogue city leaders’: How Republicans are taking power away from mayors
The strategy used in Arizona has been employed with new intensity by Republicans in states like Texas, Florida and Georgia, where lawmakers over the past year passed legislation preempting the ability of city — and state — leaders to enforce their own regulations. The bigfooting of local officials accelerated as the pandemic turned public health decisions into political minefields, but it also touched on other wedge issues, like police funding, gun control and climate change.
Best Answers to Rising Gun Violence May Be Local Ones
Wall Street Journal, 7/19/2021
Attend Firearms Law Seminar in Houston
Topics will include... state preemption laws, marketing practices liability for the firearms industry, self-defense cases, the restoration of rights, U.S. export law and 3D printing, and legal ethics. [Emphasis added]
Paid Leave & Sick Days
Rare daylight emerges between corporate America, Republicans on paid leave
The [business] groups say they could accept some form of national policy as long as it preempts state and local leave regulations, making it easier for employers with workers in multiple states to comply with a single standard and leveling the playing field... [Emphasis added]
Tucson’s challenge to '2nd Amendment sanctuary' law is latest in local control saga
Last week, Tucson Mayor Regina Romero and the Tucson City Council unanimously passed a resolution proclaiming that “federal laws, orders and acts that regulate firearms in a manner that is consistent with the requirements of the United States Constitution,” will “remain in full force and effect” within city limits...
State legislatures busy with plastics policy on shampoo bottles, chemical recycling and preemption
Last week, Arkansas Gov. Asa Hutchinson signed a bill (HB1704) prohibiting municipalities and counties from limiting the use of "auxiliary containers," defined as any "bag, cup, package, container, bottle, device, or other packaging."
California city council approves measure requiring gun owners to have liability insurance
Opinion: Taxing soda and other sugary drinks can boost community health. California should allow it.
San Diego Union-Tribune, 7/7/2021
In 2018, the California Legislature imposed a statewide ban on local soda taxes, preventing local governments from taxing sugary drinks until 2031... The maneuver put corporations over communities, and Assembly Bill 1163 sought to restore local control — until it was held at the committee level in April.
Jefferson County Sheriff won’t enforce Foothills concealed carry ban; says civil offense the district’s responsibility
Complete Colorado, 7/16/2021
At issue is Senate Bill 21-256, which allows local governments to enact gun control laws within their jurisdiction that are “not less restrictive than state laws governing the sale, purchase, transfer, or possession of the firearm, ammunition, or firearm component or accessory.”
Gov. Jared Polis signs ban on single-use plastics, polystyrene into law
Denver Gazette, 7/16/2021
Banning pre-emption didn't go over well in the House in the 2021 version, and sponsors agreed to strike that language. But the Senate decided otherwise, and the ban on pre-emption went back into the bill.
Nikki Fried Urges Florida Supreme Court to Take Up Local Gun Law Case
The Floridian, 7/9/2021
[A]griculture Commissioner Nikki Fried, Rep. Dan Daley (D), and other stakeholders, have asked the Florida Supreme Court to hear the recently overturned legal case of the state’s firearm preemption law Gov. Ron DeSantis signed in 2019.
NRA appealing Florida ban on gun sales to people under 21
The Hill, 7/8/2021
Gov. Ron DeSantis (R) in May signed a bill that bans local governments from imposing their own gun regulations.
The law allows legal action for “unwritten” local policies that go against regulation preemption, and it permits local governments to be forced to pay damages and attorney fees even if they alter their gun-related policies after the lawsuits are filed, according to the Sun Sentinel. [Emphasis added]
VIDEO: Commissioner Nikki Fried, State & Local Leaders Call on Florida Supreme Court to Hear Gun Preemption Case
Florida Department of Agriculture and Consumer Services, 7/7/2021
Gulfport Police charge man with threatening mass shooting with AR-15-style gun
Creative Loafing Tampa, 7/1/2021
Coincidently, DeSantis' new law that fines local governments up to $100,000 for imposing gun regulations takes effect today.
Court refuses to send gun case to justices
TALLAHASSEE, Fla. — An appeals court Monday refused to send to the Florida Supreme Court key issues in a case about a 2011 state law that threatens tough penalties if city and county officials approve gun-related regulations.
Attorneys for local governments filed a motion last month requesting that the 1st District Court of Appeal send the issues to the Supreme Court --- a move known as certifying “questions of great public importance.”
But the Tallahassee-based appeals court denied the motion Monday. As is common, the court did not explain its reasons. A panel of the appeals court on April 9 upheld the constitutionality of the 2011 law, which was challenged by 30 cities, three counties and more than 70 local officials.
Florida Alert! PART 2 - 2021 Legislative Session Wrap-Up - 25 VERY BAD Gun Control Bills DIED
HB-6033 - Repeals Preemption of Firearms and Ammunition - by Dan Daley (D) repeals provisions preempting the field of regulation of firearms & ammunition to Legislature, to exclusion of local jurisdictions and allows local government to enact gun control. DIED IN COMMITTEE
050321-Letters: Protect our youth from smoking and vaping
Florida Times-Union, 5/3/2021
Preemption of local control over the sale and marketing of these products by communities is the tobacco industry’s highest priority. SB 1080 and HB 987 would preempt local government from passing necessary local tobacco retail licensure ordinances that would save lives by reducing tobacco use. [Emphasis added]
The Elbert Files: K.C.’s long view
Business Record, 5/14/2021
“Republicans used to be the party of local control,” K.C. continued. “But this year, they overruled local school boards and punished school administrators who used their best judgment about the pandemic and held online classes to protect the health of their communities.
Legislation proposed to make Ky. Second Amendment sanctuary state
Kentucky Today, 6/29/2021
The measure, which will be sponsored by Rep. Josh Bray, R-Mt. Vernon, would bar state and local law enforcement agencies from enforcing federal restrictions on the Second Amendment’s right to bear arms. It would also prohibit local governments and other public agencies from allocating public resources or money in the enforcement of federal firearm bans. It includes firearms themselves, ammunition and firearm accessories. [Emphasis added]
Some Missouri police cut ties with ATF as feds assess impact of new gun law
Kansas City Star, 7/1/2021
As Missouri officials argue with the Biden administration over the scope of the state’s new gun law, federal law enforcement agencies are quietly assessing whether police departments will cut ties with them in firearm investigations.
The passage of the Second Amendment Preservation Act, which blocks Missouri police from enforcing a variety of federal gun laws, has alarmed gun control advocates and sparked concern that it could hamper police efforts to arrest violent criminals or confiscate their guns. [Emphasis added]
As massive livestock operations move in, fighting them gets harder for rural neighbors
Neosha Daily News, 6/16/2021
“I’m farmer to the bone. My nose is tough. This is unlike anything I’ve ever experienced,” Jones said of the Callaway Farrowing CAFO…
Jones is part of Friends of Responsible Agriculture and said he fought the Callaway CAFO “tooth and nail.” But the CAFO permit went all the way up to the Western District Court of Appeals, where it was upheld.
Touting 'individual freedom,' GOP took aim at local control during the session
Republican lawmakers also spearheaded bills that prevent local jurisdictions from restricting nicotine vaping, prohibit zoning regulations from limiting oil and gas development and prohibiting local governments from banning plastic bags, containers or utensils.
A bill stripping the ability of local jurisdictions to restrict concealed firearms in public buildings failed to advance from the Legislature, although Republican Gov. Greg Gianforte did sign another measure that expands where concealed carry is allowed, including in bars and on college campuses. [Emphasis added]
Guest column: Montana’s reckless legislative session lowered the bar
Bozeman Daily Chronicle, 5/15/2021
Our state Constitution proclaims equality of opportunity and blessings of liberty, yet this far-right-controlled legislature stripped civil liberties from women, LGBTQ and trans people. It removed local control for firearms, clean indoor air, carbon, affordable housing zoning, and sanctuary cities.
Fargo begins process to allow gun sales in neighborhoods after state law voids city ordinance
Under the new law, "a political subdivision, including home rule cities or counties, may not enact a zoning ordinance or other ordinance relating to the purchase, sale, ownership, possession, transfer of ownership, registration or licensure of firearms and ammunition which is more restrictive than state law. All such existing ordinances are void." [Emphasis added]
Port: Fargo's lawsuit against the state over firearms ordinance estimated to cost tens of thousands
The Dickson Press, 7/1/2021
It's a quixotic legal endeavor. The city is wielding a "local control" argument but, being a subdivision of the state, the City of Fargo only has as much local control as the state government allows them.
‘How many more must die?’: Philly lawmakers plead for help reducing gun violence
Philadelphia is suing the state, including Republican leaders in the General Assembly, to enact its own gun control measures, because state preemption laws make it illegal for the city to pass its own legislation. [Emphasis added]
Philadelphia and Pittsburgh are pushing for a ban on plastic bags as Pennsylvania’s preemption is nearing its end.
Ohio News Time, July 2021
Philadelphia authorities demand more action to reduce gun violence | Local news
Pennsylvania News Today, 7/4/2021
The Republican-controlled State House and Senate are firmly opposed to the new gun control. State law prohibits Philadelphia from implementing its own gun control measures.
With Gun Buybacks, Philadelphia Fighting Uphill Battle
The city netted 353 firearms in two buyback events this year… But despite City Council President Darrell Clarke calling them “relatively successful,” research shows these events largely do not work at reducing gun violence.
Philadelphia officials have also been hamstrung by Pennsylvania’s preemption law…
“Unfortunately, at the local level, we’re sitting here having productive gun buybacks because we’re limited by the state and the federal government to do much, much more as it relates to a legislative solution,” Clarke said. [Emphasis added]
Five new gun control laws take effect July 1 in Virginia
Another reform clarifies that school boards can generally ban guns in buildings that they own. This comes after a 2020 policy change that gave local governments the option to adopt stricter gun control policies in various places.
MAYORAL CANDIDATES DISCUSS GUN VIOLENCE IN COMMUNITY FORUM
South Seattle Emerald, 6/30/2021
[The Forum] did provide the opportunity for community members to grill their potential mayors about their stances on guns and gun deaths resulting from police shootings as well as the search for the new police chief, political affiliations, and esoteric topics such as state preemption of local laws. [Emphasis added]
Evers vetoes redistricting, gun sanctuary bills
Evers wrote in his veto message the bill would keep the current maps in place for the 2022 election cycle. The elections next year won’t be fair because the districts won’t reflect population changes, he said.
As for the gun bill, Evers said the measure is unconstitutional. State law cannot trump federal law, he said. [Emphasis added]