Why it Matters: Firearms are arguably one of the most important sporting tools for hunting and shooting sports participation while serving as a critical source of conservation funding thanks to the Pittman-Robertson Act. State firearm preemption laws keep the regulation and lawmaking ability around firearms vested at the state level and limit the ability of local lower-level governments from being able to create a patchwork of firearm regulations across a state. With the impact that firearms have on conservation funding and their importance in hunting, state firearm preemption laws protect the rights of sportsmen and women to legally own and use their firearms.
Highlights:
- Firearm preemption laws protect the right of sportsmen and women to legally own a firearm in their state, without having to worry about over complicated regulations created by local, lower-level governments.
- Firearm preemption laws ensure that responsible firearm owners have equal treatment throughout the state, regardless of the city or county they live in.
- South Dakota legislators recently strengthened their firearm preemption laws by passing Senate Bill 39 (SB 39), which prohibits homeowner’s associations from being able to create restrictions on firearms on firearms and firearm ammunition.
State firearm preemption laws limit the ability of lower-level governments to create laws and regulations that differ from county to county. Responsible firearm owners are required to understand and follow state laws regarding firearms and the addition of regulations at the local level can often create a confusing patchwork of regulations. Without these firearm law preemption at the state level, individuals would be required to learn and understand the intricacies of all the firearm laws based on the jurisdiction they are in or are planning to visit.
This session, legislators in South Dakota strengthened their firearm preemption by passing Senate Bill 39. SB 39 prohibits homeowner’s associations from restricting the possession and transportation of a firearm or ammunition. Passing this law ensured that responsible firearm owners to not have to worry about an unnecessary and confusing patchwork of regulations when moving to or visiting neighborhoods with homeowner’s associations in the Mount Rushmore State.
In recent years, state firearm preemption laws were also used to defeat efforts to close firearm retailers during the Covid-19 pandemic. For example, large sporting goods retailers like Bass Pro Shops were facing orders from local officials near Kansas City, Missouri to close after the businesses were not deemed “essential.” Fortunately, Missouri’s existing preemption statutes were evoked, ultimately ensuring that the store remained open to the public for the sale of firearms and ammunition as people sought safe, healthy recreational opportunities in the outdoors.
The Congressional Sportsmen’s Foundation (CSF) supports firearm preemption efforts to ensure that responsible firearm owners can confidently possess, transport, and use their important sporting tools. Moving forward, legislators should continue to explore and support opportunities to strengthen firearm preemption in their state to ensure equal treatment for firearm owners throughout the state.
