What is Preemption?

[msquaredserver]

I know this sounds stupid. From the first time I heard it, I just assumed it had to deal with cities and towns creatings laws that conflicted at the state level. Am I off? All I got from Wiki was:

"Preemption" is also sometimes used in the United States to refer to the displacing effect state laws might have on ordinances enacted by municipalities, especially in the context of alcoholic beverage laws, gun laws, and in the area of FDA approved pharmaceuticals.

Sorry for the simple question, but I'd like to know exactly what it is everyone's talking about.

[Exbiker]

It is basically a doctrine that rules that certain laws cannot be locally created that conflict with state laws.
Can you imagine if every county or town had their own laws and you had to know each and comply or be arrested?

That`s not the legal definition just a basic overview.

[marinville]

When someone here mentions preemption this is that they are referring to:

TITLE 18
PA CRIMES CODES



§6120. Limitation on the Regulation of Firearms and Ammunition.

(a) General rule. No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammuni*tion components when carried or transported for purposes not prohibited by the laws of this commonwealth.

(a. l) No right of action.*

(1) No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abate*ment, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.

(2) Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.

(b) Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Dealer." The term shall include any person engaged in the business of selling at whole*sale or retail a firearm or ammunition.

"Firearms." This term shall have the meaning given to it in section 5515 (relating to pro*hibiting of paramilitary training) but shall not include air rifles as that term is defined in sec*tion 6304 (relating to sale and use of air rifles).

"Political subdivision." The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.

(Chgd. by 1.1999, Act 59(7), eff.12/15/99.)

[gnbrotz]

The basic definition of preemption is when something is affected by something else that is seen to have more importance or validity.

An example would be when prime-time programming is preempted for a presidential speech. As noted by Wiki, it can be applied to legal matters at various levels of government. In the US, there are certain things that each level of government is permitted to do, and others that are ceded to a higher level of government.

[Emptymag]

I think the question is a valid one since we should know what we're talking about when discussing it with those who have no idea that creating new gun laws(on local levels)is a violation of "it".

I, myself know what it means in our context, but I lack the skills to best mix the "official/legal"(codes, statutes, etc.)stuff with plain English in order to sound like I know wtf I'm talking about.

Rather than saying "ESSENTIALLY, preemption means this", I'd rather say exactly what it means and state the official reason.

Perhaps someone could suggest a plain English version of what to say in such conversations?

[HiredGoon]

...

Perhaps someone could suggest a plain English version of what to say in such conversations?

"Yo, dawg! You local peeps can't be dissin' gats dat way...gots ta go by what da state man say"

[msquaredserver]

When someone here mentions preemption this is that they are referring to:

This is what I was looking for I figured there was something specific that members here were talking about when preemption was mentioned. I figured, based off the definition of the word, that it had something to do with lower-level government overriding state-level government.

So let me know if I'm getting the terminology correct:

"Some politician is challenging state preemption" means "a city/town/county/whatever politician (mayor of Philadelphia, for example) is trying to enact laws that conflict with preexisting state laws (specifically on the code that marinville quoted).

"Preemption stands!" means something along the lines of "city/town/county laws weren't passed or were nullified because they contradicted preexisting state laws"

Am I getting the gist of it?

[unloved]

Perhaps someone could suggest a plain English version of what to say in such conversations?

"Local governments do not have the authority to regulate the ownership, possession, or carry of firearms. That authority is reserved to the state."

[Emptymag]

"Local governments do not have the authority to regulate the ownership, possession, or carry of firearms. That authority is reserved to the state."

Yes, that's a bit more specific than the way I usually explain it, but based upon what?

For example:
"As stated in/by ____________ , local governments do not have the authority to regulate the ownership, possession, or carry of firearms. That authority is reserved to the state."

Just gives it more "truth" when stating a legal source.

I'm fine with showing my semi-ignorance here if it helps others learn too.

[unloved]

For example:
"As stated in/by ____________ , local governments do not have the authority to regulate the ownership, possession, or carry of firearms. That authority is reserved to the state."

"As stated in sub-section 6120 of Title 18 of the PA Criminal Code,", or "PA's Uniform Firearm Act," is what I'd say.