Firearm Preemption Laws

What are firearm preemption laws and how do they work?  Constitutional law scholar Professor Darrell Miller of Duke Law School sheds light on how state firearm preemption laws block local communities from implementing municipal gun regulations.  These laws stop cities from enacting municipal licensing or zoning rules and are particularly common in states with strong gun rights legislation. Miller goes on to explain a more extreme version of the laws referred to as either “hyper preemption” or “punitive preemption.”  These more aggressive laws not only supersede municipal law but also dole out financial penalties and litigation consequences to the cities.  

Preemption can also occur between federal and state gun laws. The preemption clause of Article VI of the U.S. Constitution establishes that federal law displaces any state laws.  This prevents states from passing laws in opposition to federal rules.  Some cities, however, have taken measures to limit enforcement of such federal laws.  These so-called “Second Amendment Sanctuary Cities” rely on the anti-commandeering doctrine from the 10th Amendment. Professor Miller shares examples and insights into this fast-evolving area of firearms law.