• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Suggestion for an additional map.

thx997303

Regular Member
Joined
May 7, 2008
Messages
2,712
Location
Lehi, Utah, USA
I would like to propose that a map of which states have pre-emption laws be added to the maps area of Opencarry.org.

It seems to me that this little bit of information would be very helpful to anyone who is questioning whether a local ordinance is valid or not per state law.
 

Doug Huffman

Banned
Joined
Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
The law abides only the law abiding.

Unfortunately the devil is in the details that we non-attorneys can't even know. They depend on the jurisdiction and the words to give "valid or not per state law" teeth. In the case of Wisconsin, the general paragraph (2) prohibition (copied below with link URL to the chapter entire) is toothless and only the specific prohibition of grandfathered ordinances has teeth of "no legal effect" and "may not enforce".

Certainly the words are clear to us, and some Wisconsin municipalities are moving to rescind but a town cop may still cite for an evidently preempted ordinance to the citizens jeopardy.

I would think such a map needs some words of explanation and caution. Someone else here very wisely said "Citizens are not required to know the law but only to pay the penalties." I would submit that a similar gulf exists between state statutes and local ordinances as between state statutes and The Constitution of The United States (and between COTUS and natural law) and no one would be foolish enough to flaunt the Constitution to a state cop. The law abides only the law abiding.

http://www.legis.state.wi.us/statutes/Stat0066.pdf
Wisconsin Statutes said:
§ 66.0409 Local regulation of firearms.
[ ... ]
(2) Except as provided in subs. (3) and (4), no political subdivision may enact an ordinance or adopt a resolution that regulates the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm or part of a firearm, including
ammunition and reloader components, unless the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute.
[ ... ]
(b) If a political subdivision has in effect on November 17, 1995, an ordinance or resolution that regulates the sale, purchase, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm or part of a firearm, including ammunition and reloader components, and the ordinance or resolution is not the same as or similar to a state statute, the ordinance or resolution shall have no legal effect and the political subdivision may not enforce the ordinance or resolution on or after November 18, 1995.
 

rodbender

Regular Member
Joined
Jun 23, 2008
Messages
2,519
Location
Navasota, Texas, USA
In the case of Wisconsin, the general paragraph (2) prohibition (copied below with link URL to the chapter entire) is toothless and only the specific prohibition of grandfathered ordinances has teeth of "no legal effect" and "may not enforce".

Never mind.
 
Last edited:

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
I would like to propose that a map of which states have pre-emption laws be added to the maps area of Opencarry.org.

It seems to me that this little bit of information would be very helpful to anyone who is questioning whether a local ordinance is valid or not per state law.

Good idea. Of course, State differences can be handled in a way similar to how those differences are handled on other maps.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
That would require one to click on every one of the 50 States and DC to find out about all. A single color-coded map could convey that information in a single click.
 
Top