Pre-emption question

[trailman]

So localities are using the new law to write more strict gun laws, can they use pre-emption to ignore a state law? AS in not allowing carry in all public buildings per new law. My county has no regs , yet. Can they allow carry despite the new bills coming down?

 

[swinokur]

My guess is no

 

[RFBfromDE]

My guess is the Shariff may prioritize the State law into non-enforcement status but you would still have to worry about MSP.

 

[lazarus]

So localities are using the new law to write more strict gun laws, can they use pre-emption to ignore a state law? AS in not allowing carry in all public buildings per new law. My county has no regs , yet. Can they allow carry despite the new bills coming down?

No. Localities may not preempt the state in this case.

 

[sclag22]

Unless they do what Moco did and redefine everything to bypass preemption.

 

[DaemonAssassin]

MD has a state preemption law on the books. Counties can't override state law.

 

[Tower43]

Unless they do what Moco did and redefine everything to bypass preemption.

MoCo laws would stand because they passed them before the state laws.... They'd need a direct edict to counter it.

Kinda how they can have speed cameras in residential zones <35mph etc that aren't school zones, while no one else in the state can.

 

[Mark75H]

I don't think MoCo itself has any grandfathered firearms laws

 

[Tower43]

I don't think MoCo itself has any grandfathered firearms laws

Their laws being more restrictive would stand is what I am saying... unless we get the PI

 

[Muleskinner]

Counties can't preempt state law but state's attorney's can decide not to enforce any law they see fit apparently..

 

[Mark75H]

Counties can't preempt state law but state's attorney's can decide not to enforce any law they see fit apparently..

True, but not following you on the relevancy

 

[DaemonAssassin]

MoCo laws would stand because they passed them before the state laws.... They'd need a direct edict to counter it.

Kinda how they can have speed cameras in residential zones QUOTE]Only the laws that existed before preemption was passed are grandfathered. New laws violate preemption and are unenforceable.

 

[sclag22]

Their laws being more restrictive would stand is what I am saying... unless we get the PI

Montgomery county didn't change their firearms laws, but they redefined a place of public gathering or something like that in order to avoid preemption. That's how basically everything was banned in Moco.

 

[Tower43]

Montgomery county didn't change their firearms laws, but they redefined a place of public gathering or something like that in order to avoid preemption. That's how basically everything was banned in Moco.

I mean if you really want to play semantics, that's the same thing the State kinda did too.

 

[Tower43]

Montgomery county didn't change their firearms laws, but they redefined a place of public gathering or something like that in order to avoid preemption. That's how basically everything was banned in Moco.

And more to the point... it DID change/add to their firearms laws.


AN EXPEDITED ACT to:
(1) prohibit the possession of firearms in or near places of public assembly, with certain exemptions;
(2) remove an exemption that allows individuals with certain handgun permits to possess handguns within 100 yards of a place of public assembly; and
(3) generally amend the law regarding restrictions against firearms in the County.

 

[cantstop]

Howard county just keeps expanding the school zones a 1000 ft at a time. Pretty soon you won't be able to walk out your front door without being in a school zone.

 

[trailman]

Thanks