Preemption laws are designed to prevent local governments from enacting firearm regulations that conflict with state law. In Minnesota, these laws have come under renewed scrutiny as several cities consider or adopt ordinances that challenge the state’s authority.
The city council of Saint Paul recently passed an ordinance stating it “stands ready to act on day one when the state lifts preemption” to implement a ban on semi-automatic firearms, large capacity magazines, binary triggers, ghost guns, and to create more gun-free zones. The council acknowledged that none of these measures can be enforced under current law.
Minnesota’s preemption statute, Minn. Stat. § 471.633, states: “The legislature preempts all authority of a home rule charter or statutory city of the first class, county, town, municipal corporation, or other governmental subdivision, or any of their instrumentalities, to regulate firearms, ammunition, or their respective components to the complete exclusion of any order, ordinance or regulation by them except that: (a) A governmental subdivision may regulate the discharge of firearms and (b) A governmental subdivision may adopt regulations identical to state law. Local regulation inconsistent with this section is void.”
Despite this clear legal language and lack of enforceability for new gun control ordinances at the local level, Saint Paul became the first among a coalition of 17 cities pledging similar actions. Edina also considered such an ordinance but has delayed action pending public input.
Edina Mayor James Hovland stated he wants residents to provide feedback before a vote is taken. City Attorney David Kendall advised that Edina cannot set an effective date for a gun ban until state law changes and said he does not believe “that the council is in a good position to direct police to enforce [such] an ordinance.”
Legal experts note that lawsuits are likely as gun rights advocates seek court intervention against these local efforts. These cases often result in taxpayer money being spent defending ordinances with no practical effect due to their inconsistency with state law.
Supporters of preemption argue that consistent statewide rules are necessary so citizens do not face confusion about their rights when traveling within Minnesota. They say ongoing challenges by municipalities create uncertainty for both residents and law enforcement officers.
Organizations such as the National Rifle Association Institute for Legislative Action (NRA-ILA) continue efforts nationally and at the state level to defend preemption statutes and ensure uniformity in firearm laws.
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