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Can Counties pass ordinances to trump State laws?
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Can Counties pass ordinances to trump State laws?
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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Frozen in 2015, it is falling out of date and I can no longer edit the content.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! -
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-)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
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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
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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
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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
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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*Comment
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