Preemption

The goal of Preemption is to make laws relating to firearms uniform throughout the State. It protects individuals from infringements of their state constitutional Right to bear arms for self-defense. This gives citizens one clear statewide law to follow, rather than a confusing patchwork of local laws.

Preemption is addressed in two places in the Code of Alabama

In 1982, the Alabama legislature enacted a handgun-related preemption statute, Alabama Code § 11-45-1.1. It states:

Subject matter of handguns reserved to State Legislature; power of municipality to adopt certain ordinances; concurrent jurisdiction of municipal courts with district courts.

No incorporated municipality shall have the power to enact any ordinance, rule, or regulation which shall tax, restrict, prevent, or in any way affect the possession or ownership of handguns by the citizens of this state.  The entire subject matter of handguns is reserved to the State Legislature.  This section shall not be construed to limit or restrict the power of a municipality to adopt ordinances which make the violation of a state handgun law a violation of a municipal ordinance to the same extent as other state law violations, or to limit or restrict the power of a municipal court to exercise concurrent jurisdiction with the district court over violations of state handgun laws which may be prosecuted as breaches of a municipal ordinance.

There is also a statute that includes long guns, Alabama Code § 11-80-11. It states in part:

Regulation of gun shows, etc.; authority to bring or settle certain lawsuits reserved to Attorney General.

(a) No county or municipal corporation, instrumentality, or political subdivision thereof, by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, registration or use of firearms, ammunition, components of firearms, firearms dealers, or dealers in firearm components.



Preemption needs to be ammended to include knife laws.

I am responsible for my own safety.