Preemption is the law in most states, even some we now consider anti-gun. The basic idea is that there’s a unified series of gun laws that exist on the state level, where a simple search will inform travelers of what laws they are expected to follow while visiting or traveling through the state.
Anti-gunners don’t like this because while they claim to believe in federalism for gun control, they never seem to think a location should be able to decide for itself if it will have fewer anti-Second Amendment laws.
Still, in anti-gun locales, they will sometimes try to test preemption. In Minnesota, that’s been happening quite a bit, and the Buckeye Firearms Association, along with the NRA, is calling the state out over how little has been done to bring these cities to heel.
Without any enforcement ability, these actions are transparently performative political theatre. However, a deeper dive at the continued audacity of jurisdictions to ignore the superior authority of the state illustrates the ongoing danger posed to the rule of law. Fundamental to the principle of law is clarity, and while these local politicians may feel empowered, their actions continue to create confusion and fear for residents and law enforcement officers.
Of course, lawsuits that should not have to be filed have and will be to defend gun owner rights. Judicial ping-pong on an already established legal principle will further contribute to havoc as gun control advocates perceive a dual benefit of virtual signaling and depleting the coffers of their adversaries, who are forced to defend settled law against frivolous attacks.
Taxpayer money will also be spent to defend these “contingent ordinances,” with no material benefit to anyone. The best that can be hoped for, from the gun prohibition point of view, is pure symbolism.
Nevertheless, it is imperative to hold the line on all laws that protect citizens from officials wanting to create a confusing patchwork of gun control, a long-fought battle for the Second Amendment community as a whole. Preemption vindicates the principles that laws should be consistent, understandable, and fairly applied.
The alternative is a regime in which compliance, if it is practical at all, inevitably involves forfeiting one’s own rights. A Minnesotan could travel from one end of the state to another, or he could exercise the full measure of the right to keep and bear arms recognized by state. But he could not do both at the same time.
Both Saint Paul and Edina have talked about passing their own gun control laws, none of which are enforceable until or unless preemption is repealed in the legislature, and considering the difficulty Gov. Tim Walz has in pushing his own anti-gun agenda, which includes some much bigger ticket items, it seems unlikely that will happen anytime soon.
The issue with preemption laws is that they generally lack any real teeth. When they do, they hold cities liable and not the local officials who passed them. As such, there really aren’t any downsides for anti-gun city councils. Sure, they’ll lose some budget money in the lawsuit, but it won’t hurt them should they seek higher office, nor will it likely hurt them when they seek re-election. They won’t feel any bites at all.
The teeth need to come in the way of potential civil penalties for the lawmakers who vote for these measures. They should be personally liable for at least some of the penalties since they’re knowingly passing gun control when they have no legal authority to do so.
Not that Minnesota is likely to pass any such measure. If they can’t get all the gun control they want, they’re still unlikely to pass pro-gun legislation like adding something such as penalties to lawmakers to their preemption law.
But other states could probably do it, and they should.
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