Preemption problems

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  • NIFT

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    Jul 3, 2009
    1,616
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    Fort Wayne, Indiana
    Cleveland has been fighting Ohio law for some time now by passing more restrictive gun laws than the state allows. Ohio has "preemption," meaning a city, town, municipality, county, etc. cannot have ordinances more strict than state law.

    After losing the first court battle, Cleveland got a reversal on appeal. However, the Ohio State Supreme Count just reversed once again, and Ohio state preemption now stands.

    Preemption is important because, without it, cities, towns, municipalities, and counties can enact myriad gun laws conflicting with state law: Chicago is a prime example, as Illinois does not have preemption.

    One must be careful carrying in states that honor the Indiana LTCH (or Utah's, or Florida's, if you have one of those.) If another state does not have preemption, it is very easy to run afoul of local ordinances. Most states have preemption, but some do not, and some do not have complete preemption.

    Yeesh!
     
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