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Can Counties pass ordinances to trump State laws?

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  • BoogerBrown
    Junior Member
    • Dec 2012
    • 5

    Can Counties pass ordinances to trump State laws?

  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44627

    Short answer: no, counties can't do that.

    They can be MORE restrictive, but not less, and cities and counties can create only infractions and misdemeanors, not felonies.

    When it comes to LTC, since the state law is 'may issue', cities and counties can be very different from each other because there are no state wide 'standards'.

    Enforcement can be different - 'We choose not to prosecute this person' - for example, treatment of marijuana possession.

    But a county could not pass a law saying something like 'there is no such thing as an assault weapon in Lake County' and expect it to survive a court challenge.
    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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    • #3
      Decoligny
      I need a LIFE!!
      • Mar 2008
      • 10615

      Originally posted by mrrabbit
      Counties are essentially the state...so if preemption is forbidden...short answer = no.

      However, counties can ask the state legislatures for permission for "district" style exemptions. You see this with sales taxes in the State of California for example.

      A lawyer can do a better job of explaining it way more than I can.

      =8-)
      No, county government are not the same as state governments. As a rule, unlesst there is a law in place prohibiting it, then a county may create ordinances that go beyond what a state law proscribes. They cannot however legally pass an ordinance that counters a state law. If CA law says no full auto firearms allowed in CA, there is no legal way that say Kern County can pass an ordinance stating full auto firearms are legal to possess in Kern County.
      sigpic
      If you haven't seen it with your own eyes,
      or heard it with your own ears,
      don't make it up with your small mind,
      or spread it with your big mouth.

      Comment

      • #4
        BoogerBrown
        Junior Member
        • Dec 2012
        • 5

        Thanks for your answers gentlemen...I was afraid that is what the verdict was going to be. I did see where a county in Florida was trying to buck the state and the case is now hung up in court. Anyway, thanks again...I'm learning!

        Comment

        • #5
          67goat
          Senior Member
          • Apr 2012
          • 896

          The closest that you get is what Mendocino County did several years ago with regards to growing marijuana and what the state did more recently with medical marijuana. In both cases laws were passed basically saying that the local government(s) would not spend any money on prosecution. However, the underlying issue was still a crime and higher authorities can still arrest and prosecute.

          Comment

          • #6
            dr16o49
            Member
            • Dec 2012
            • 228

            Originally posted by Librarian
            Short answer: no, counties can't do that.
            'there is no such thing as an assault weapon in Lake County' and expect it to survive a court challenge.

            Im in lake county, I can testify there are no assault weapons here.

            Unless you consider some of the people in Walmart.

            Comment

            • #7
              Sakiri
              Senior Member
              • Aug 2012
              • 1395

              Originally posted by dr16o49
              Im in lake county, I can testify there are no assault weapons here.

              Unless you consider some of the people in Walmart.
              Found a few on peopleofwalmart.com?
              On the Second Amendment:
              "'Keep' means they're mine, you can't have them. 'Bear' means I've got some on me, and they're loaded."

              Comment

              • #8
                a1c
                CGSSA Coordinator
                • Oct 2009
                • 9098

                Originally posted by Sakiri
                Found a few on peopleofwalmart.com?
                You could. But hey, there is more to Lake County than Clearlake.
                WTB: French & Finnish firearms. WTS: raw honey, tumbled .45 ACP brass, stupid cat.

                Comment

                • #9
                  dunnigan
                  Banned
                  • Oct 2009
                  • 792

                  NO.

                  Comment

                  • #10
                    paul0660
                    In Memoriam
                    • Jul 2007
                    • 15669

                    Originally posted by a1c
                    You could. But hey, there is more to Lake County than Clearlake.
                    Yes, there are nice places where there are no people. Kidding. They are nice folks.

                    Lake county is an amazing place. The only county in California without an inch of railroad track, for instance.

                    Diamonds everywhere with a hardness of 7 to 8.........not good for much but good looking. A big *** gold mine, lots of springs, a ton of wild life, a lake that is curious to say the least, draining down a canyon that is a mini Grand.
                    *REMOVE THIS PART BEFORE POSTING*

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