Preemption: What is it and why does it matter?

Preemption is a legal doctrine that allows a state, either expressly or implicitly, to take control of a regulatory space and limit or eliminate the authority of subservient levels of government to act on that issue.

Strong preemption statutes are an important tool to maintain consistency throughout a state and prevent the legal minefield that would otherwise arise if subservient levels of government were allowed to enact their own laws.

When firearms laws are permitted to change across invisible boundaries such as county, city, and town borders, peaceable gun owners could be subjected to prosecution for otherwise innocent conduct that would be entirely lawful just a mile or two away. By now, most states have enacted some level of preemption within the sphere of firearm regulation, but this has not stopped some local governments from enacting their own gun control in violation of state law.

The Second Amendment Foundation’s State Law Preemption Project replies on community reports to identify violations of state preemption statutes so they may be challenged.

If you are aware of a violation of your state’s preemption law, use the form below to report a violation.