Professor Nestor Davidson talked with USA Today about the impact of “preemption laws” on cities like Philadelphia and other municipalities that want to enact stricter gun control law than those adopted by their state.
A Pennsylvania law bans local municipalities from enacting gun control measures that are more strict than those adopted by the state. Philadelphia politicians are far from alone. More than 40 states have passed similar so-called “preemption laws,” which have become a powerful tool of the National Rifle Association and other pro-gun groups looking to tamp down gun control efforts.
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A similar battle is underway in Florida, where last month a judge ruled against a state law that allows local officials to be fined or even removed from office for enacting gun control measures. The state has appealed the decision.Nestor Davidson, a Fordham University law professor who studies state and local governments, said there are signs that the public is starting to think preemption laws, in general, “have tipped too far in one direction.” He cited Colorado as an example where lawmakers recently repealed its preemption blocking municipalities from setting minimum wages. He said he has not seen that movement materialize in the debate over gun preemption laws but noted that the political landscape around gun control is “changing pretty rapidly.”
“If the larger political culture shifts,” he said, “I won’t be surprised to see if – as in Florida – the pushback does materialize in a way where, whether it’s through litigation or legislation, you are going to see the balance shift.”
