What is preemption?

**unclemoak** · September 10th, 2008, 08:03 PM

What is preemption and how does it affect carrying a firearm?

**fingers80002** · September 10th, 2008, 08:13 PM

In a short response, preemption prevents local governments, from enacting their own gun laws. State Legislature is the only authority to regulate gun laws.

There will be more in depth responses.

**gnbrotz** · September 10th, 2008, 08:35 PM

§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 ammunition 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, abatement, 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 wholesale or retail a firearm or ammunition.

"Firearms." This term shall have the meaning given to it in section 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 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.)

Counties, townships, boroughs, etc. cannot enact measures stronger than state law. If they are equal to, or less strict than state law, then there is no problem - but they cannot, for example, prohibit firearms in a place that state law permits them.

**ScaredOnce** · September 10th, 2008, 08:44 PM

Originally Posted by unclemoak

What is preemption and how does it affect carrying a firearm?

just in case your favorite search engine is broken...
http://www.google.com/search?num=20&...ms&btnG=Search

**unclemoak** · September 10th, 2008, 08:54 PM

Originally Posted by ScaredOnce

just in case your favorite search engine is broken...
http://www.google.com/search?num=20&...ms&btnG=Search

What is this Google you speak of?

I'm more of a yahoo man myself....

**fingers80002** · September 10th, 2008, 09:22 PM

Originally Posted by unclemoak

What is this Google you speak of?

I'm more of a yahoo man myself....

Try PAFOA search, upper left.

**knight0334** · September 10th, 2008, 09:44 PM

Originally Posted by gnbrotz

Counties, townships, boroughs, etc. cannot enact measures stronger than state law. If they are equal to, or less strict than state law, then there is no problem - but they cannot, for example, prohibit firearms in a place that state law permits them.

You gotta make sure you quote Munich(spelling) v. Jefferson Co with that. Some people are unaware of the ruling allowing laws and regulation equaling state law.

**gnbrotz** · September 11th, 2008, 06:03 AM

Originally Posted by knight0334

You gotta make sure you quote Munich(spelling) v. Jefferson Co with that. Some people are unaware of the ruling allowing laws and regulation equaling state law.

IMO, Minich just confirmed what the statute already says, it didn't really break any new ground. The statute says "for purposes not prohibited by the laws of this commonwealth", making it clear that parallel regulation (ie - purposes already prohibited by the laws of this commonwealth) is permissible.