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The Biggest Legal Obstacle to Gun Regulation: State Preemption Laws, Not the Second Amendment

MaverickNH

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"The NRA argues that preemption laws are vital as they prevent localities from enacting an incomprehensible patchwork of local ordinances. Without these measures unsuspecting gun owners would be forced to forego the exercise of their Second Amendment rights or risk running afoul of convoluted and potentially inaccessible local rules.... Historically speaking, an enormous amount of gun regulation has happened at the local level, including licensing requirements, public carry restrictions, place-based restrictions, and restrictions on certain classes of weapons. Those are precisely the kinds of laws that preemption statutes either wipe off the books or prevent from being passed...Some “punitive” preemption laws go so far as to impose criminal or financial liability on local officials who fail to comply."
 
It's good that NH has this. It's bad that HB307 got stuck in the Senate this year as that would have strengthened it.
 
Here in Nashua, NH, about 15 years ago, the city posted signs by the entrances to Mine Falls park that listed restrictions. One was "No firearms." Thanks to State preemptive laws, the city was made to correct the signs to read "No discharge of firearms."
 
With McDonald's incorporation against the states,
these pecksniffs ought to worry that some day the 2A itself
will act as a preemption law against state regulation of guns.

I just hope they don't realize that until it's too late.
 
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IIRC, this is the watered down amendment that the Senate is trying to push through on HB307. The bill as filled was much better

Senate Judiciary

December 14, 2021

2021-2288s

04/10





Amendment to HB 307



Amend RSA 159:26, I as inserted by section 3 of the bill by replacing it with the following:



I. It is the intent of this subdivision to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal jurisdictions, which regulate firearms; ammunition; ammunition components; knives; firearms components; firearms accessories; and firearms supplies; to prohibit the enactment of any future ordinances or regulations relating to firearms; ammunition; ammunition components; knives; firearms components; firearms accessories; and firearms supplies unless specifically authorized by this subdivision or general law; and to require local jurisdictions to enforce state firearms laws. Except as otherwise specifically provided by statute, no ordinance or regulation of a political subdivision, including, without limitation, any school district or school administrative unit, shall regulate the sale, purchase, ownership, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms; ammunition; ammunition components; knives; firearms components; firearms accessories; and firearms supplies in this state.



Amend RSA 159:28, I as inserted by section 3 of the bill by replacing it with the following:



I. No public entity shall, and no private entity leasing or operating in any manner on any property owned, whole or in part, by the state, a political subdivision of this state, committee, or other governmental unit thereof, including a school district or school administrative unit shall regulate or attempt to regulate the sale or possession of firearms; ammunition; ammunition components; knives; firearms components; firearms accessories; and firearms supplies on any property owned, whole or in part, by the state, political subdivision, committee, or other governmental unit thereof, including a school district or school administrative unit, unless explicitly authorized by statute.



Amend RSA 159:29 as inserted by section 3 of the bill by replacing it with the following:



159:29 Exceptions. This subdivision shall not:

I. Prohibit zoning ordinances that encompass firearms businesses along with other businesses, except that zoning ordinances that are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, repair or manufacture of firearms or ammunition or ammunition components or knives or regulating the sale of firearms accessories as a method of regulating firearms or ammunition or ammunition components or knives are in conflict with this subdivision, are prohibited, and are hereby declared to be null and void.

II. Prohibit a duly organized law enforcement agency from enacting and enforcing regulations pertaining to firearms, ammunition, ammunition components, firearm accessories or knives issued to or used by peace officers in the course of their official duties.

III. Prohibit a court or administrative law judge from hearing and resolving any case or controversy or issuing any opinion or order on a matter within the jurisdiction of that court or judge.

IV. Limit the authority of the legislative body of any city or town pursuant to RSA 644:13.
 

More from the gun control advocates lawyer perspective on preemption. Maybe they think rural folk need guns to protect them from 4-legged predators out in the sticks, but should rely on police to deal with 2-legged predators in the urban big cities?

So long as state courts continue to construe all gun regulation as a “statewide” concern or interest and uphold most preemption laws under that theory, home-rule challenges to preemption laws are unlikely to make much headway.

...increased local regulatory autonomy may be one way to address the gulf that exists between urban and rural gun cultures within the U.S.
 
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