is this possible? city law > state law

[kal]

I've been googling for a half hour and don't know where to look for this info.

Is it possible for a city to enact a law that does not conflict with state law, but is more restrictive?

For example, a state does NOT have a law that prohibits the sale and ownership of item A. Can a city/county/town/whatever legally enact a local law that does prohibit the sale and ownership of item A?

[ST911]

Yes, and it's quite common. Unless there is some sort of preemption, a subdivision of government (city/county) may be more restrictive but not more permissive than state law.

[chadbag]

Yes, and it's quite common. Unless there is some sort of preemption, a subdivision of government (city/county) may be more restrictive but not more permissive than state law.

You (the OP) need to find out if you state has a pre-emption law in the area you are concerned about otherwise you are SOL with what Skintop911 said.

As an example, my county (SL County) has (or had, I have not checked recently) a law on the books that bans suppressors. (The state has no such ban and is suppressor friendly). However, the state has a firearms pre-emption law that bans cities and counties from enacting firearms laws more restrictive than those at the state level. What this means is that the county does not enforce their suppressor restriction, though it may remain on the books. Lots of people I know have suppressors.

[EzGoingKev]

Absolutely.

From what I understand a person can be issued a gun license by the state of NY that is no good in NY city.

A non firearms related example would be "dry towns". There are no state bans on alcohol sales. The town I grew up in had multiple liquor stores. The town next door was a dry town so they did not have a single liquor store.

[Hmac]

One exception in this state is handgun laws. By statute, no local government may pass laws that are more restrictive than state laws.

[rubberneck]

Most states have laws that restrict municipalities ability to preempt state law. Several years ago the State of NJ had to threaten a lawsuit against the city of Jersey City for passing a local ordnance that limited the purchase of only one gun a month. They backed down but eventually won the war when that whore Corzine rammed a one gun a month law through towards the end of his term.

Some states actually give cities the right to preempt state law on some issues like NYC's ability to essentially ban CCW. Here in Pa. municipalities are expressly forbidden from preempting the concealed carry of firearms but aren't when it comes to carrying a knife. As a result I can carry a gun into Philly but I can get arrested for carrying a knife. Go figure.


http://legal-dictionary.thefreedictionary.com/preemption


At the state level, preemption occurs when a state statute conflicts with a local ordinance on the same subject matter. Preemption within the states varies with individual state constitutions, provisions for the powers of political subdivisions, and the decisions of state courts. For example, if a state legislature enacts Gun Control legislation and the intent of the legislation is to occupy the field of gun control, then a municipality is preempted from enacting its own gun control ordinance.

[kal]

Here in Pa. municipalities are expressly forbidden from preempting the concealed carry of firearms but aren't when it comes to carrying a knife. As a result I can carry a gun into Philly but I can get arrested for carrying a knife. Go figure.


Generally the same here in Michigan too.

I just read that we have a law that explicitly prohibits the municipalities from prohibiting or regulating the commerce of firearms, component of firearms, and ammuntion. Knives with blades under 3" in MI have no such protection and are subject to different ordinances across the state.

[Spiffums]

Kinda like how the city can't ban same sex marriage if the State allows it, or medical Mary Jane.