I have never seen a state where city gun laws did not preempt state gun laws when the city rules were more stringent. You are claiming this is not true for 43 states.... I'm stating that is bullshiat and you have no proper source for your assertion
Holy shit I just cited Colorado state law against your OPINION... Colorado court agrees with preemption over the more restrictive city rules. you were wrong. let it go.
Pennsylvania......preemption bans stricter local city ordinances... Damn.... just let it go or you gonna make me cite cases in all 43 states. Section 6120(a) has been interpreted to preempt local ordinances banning assault weapons. In Ortiz v. Commonwealth, the Supreme Court of Pennsylvania struck down local assault weapon bans in Philadelphia and Pittsburgh under what is now subsection 6120(a).2 The court found that the legislature had “denied all municipalities the power to regulate the ownership…transfer or possession of firearms.”3 The court stated that the Pennsylvania Constitution “requires that home rule municipalities…not perform any power denied by” the legislature.4 The court also noted that firearm regulation is “a matter of concern in all of Pennsylvania,” and the legislature “is the proper forum for the imposition of such regulation.”5 Similarly, in Schneck v. Philadelphia, a lower court held that section 6120(a) preempted a city ordinance requiring a license for the acquisition of a firearm within the city.6 In Clarke v. House of Representatives, an intermediate appellate court held that section 6120(a) preempted several firearm-related ordinances enacted by the City of Philadelphia in May of 2007.7 These ordinances would have: Limited handgun purchases to one per month Mandated the reporting of lost or stolen firearms Required a local license to acquire a firearm or bring a firearm into Philadelphia Required annual renewal of this license Allowed a firearm to be confiscated from someone posing a risk of harm Prohibited the possession or transfer of assault weapons Required anyone selling ammunition to report the ammunition and the purchaser to the police department.
Here comes the goal post move: Cite a source! Colorado Bullshit cite a source! Pennsylvania! <moving the goalposts further>
Yes... we understand that many Republican state legislatures attempted to stop allowing cities to set stricter gun laws. Multiple cases have landed up in court. Usually they go through a few court cycles and the state legislature is slapped down even if they are successful at a district court level initially. I have not seen a string of court decisions yet upholding the power of the state forcing local governments to not have more restrictive gun laws than the state. I assume this issue will arrive at the doorstep of the U.S. Supreme Court eventually but for years the U.S. Supreme Court has avoided adding these cases to their docket.
In Clarke v. House of Representatives, an intermediate appellate court held that section 6120(a) preempted several firearm-related ordinances enacted by the City of Philadelphia OK.......the hole is about 10 feet deep know and we are all waiting to see how you get out...
Pennsylvania, like 44 other states, has a “preemption” law prohibiting local governments from enacting gun regulations that are stricter than those passed by state legislatures. https://giffords.org/lawcenter/gun-laws/policy-areas/other-laws-policies/preemption-of-local-laws/
Yes... and it is back in court where the initial appellate court ruling will not likely be upheld. Philly sues again to overturn state ban on local firearm regulations https://www.penncapital-star.com/cr...rturn-state-ban-on-local-firearm-regulations/ As I mentioned earlier --- there is not a string of court challenges yet over the past decades where the final result was not the upholding of local government gun laws -- when the local laws were more restrictive than the state law.
In terms of advocating for a change in gun laws at the city and county level, the students, families of the victims, or anyone else won’t even have a chance because of Florida’s preemption law. “Preemption” in this context refers to a situation in which a state law is enacted to block a local ordinance from taking effect—or dismantle an existing ordinance. Florida’s 2011 amendment to its gun preemption law is unique: Not only does it prohibit local governments from regulating guns, it allows punitive measures against local elected officials for even trying. In Florida, local elected officials on city councils or other municipal bodies are subject to personal civil penalties of up to $5,000, can be sued and held personally liable for damages of up to $100,000, and even removed from office at the discretion of the governor. And, the preemption law requires elected officials to pay their own attorney’s fees if they are sued.