City Ordinances: Overriding State Laws?

The relationship between federal, state, and local laws in the United States is a complex one. While the federal government creates laws at the highest level, state, county, town, and city laws also have legal authority. The 10th Amendment to the U.S. Constitution allows states to make and enforce their own laws, and municipalities such as cities can also make their own laws when specific reasons exist, such as addressing local issues. This has led to situations where city ordinances and state laws come into conflict, raising the question of whether a city ordinance can supersede a state law.

State law typically supersedes town law

In the United States, the relationship between federal and state laws is not always uniform. While the federal government makes laws at the highest level, state, county, town, and city laws also exist. The Tenth Amendment to the U.S. Constitution allows states to make and enforce their own laws, particularly in areas not addressed by federal law.

Similarly, in the case of State ex rel. Jennings v. City of Seaford, the court held that a city ordinance was preempted and invalid as it conflicted with state law. The city of Morgan Hill, California, had enacted a 48-hour reporting requirement for gun theft or loss, while California state law required a five-day reporting period. Again, the state law took precedence over the town law.

Towns and cities are permitted to pass laws and regulations, known as ordinances and by-laws, to govern local matters and prohibit certain activities. These laws apply only to the specific town or city that adopts them. For example, zoning laws are typically decided by municipalities. Towns and cities may also have the right to raise taxes to fund local services and administrative tasks. However, these local laws cannot override state laws that directly conflict with them or deviate from the state's statutory scheme.

In some cases, federal, state, and local laws may overlap or complement each other. For instance, anti-discrimination laws exist at both the state and federal levels, and victims of discrimination can file complaints under either level of legislation. Additionally, states can enact laws that address specific concerns or conditions unique to a particular municipality.

Federal preemption

In some cases, federal preemption may be explicit or implied. Explicit preemption occurs when a federal law explicitly states that it supersedes state law. On the other hand, implied preemption is more controversial and occurs when a federal law implicitly overrides state law. This may happen when a federal agency's regulations or actions conflict with state laws.

It's important to note that federal preemption does not always result in a uniform application of the law across different states. While federal law sets a baseline, states may still have some flexibility to enact more stringent regulations or address specific local concerns. For example, in the case of minimum wage laws, each state sets its own minimum wage, but the federal minimum wage acts as a floor below which the state minimum wage cannot fall.

State preemption

In the United States, state preemption is the invalidation of some action by, or the wresting of power from, a portion of the state government. This is usually done by the state legislature, and often occurs when there is a political disagreement between the state legislature and municipal governments. State preemption can take many forms. For example, a state may enact a requirement but allow municipalities to pass more stringent laws.

In recent years, preemption has been increasingly used to prohibit local governments from advancing policies meant to address equity, public health, worker protections, and climate change. State preemption has been used to undermine democratic values and harm people, particularly those from marginalised communities.

Local governments can impose stricter gun regulations than state law

In the United States, federal law can be used to overrule state or local laws, and state law can be used to overrule local ordinances. This is known as preemption, a legal concept that allows a higher level of government to override a lower level in certain circumstances.

While preemption conflicts can emerge between state and local governments, it is possible for local governments to impose stricter gun regulations than state law. In the absence of a conflict with state law, local governments appear to have broad authority to regulate firearms and ammunition. For example, in New Jersey, municipalities have the authority to regulate and prohibit the sale and use of firearms. However, they may not enact regulations that conflict with state policies. In one case, the New Jersey Supreme Court upheld a local firearms discharge ordinance, concluding that it did not conflict with a less stringent state law regulating hunting.

Massachusetts' courts have also ruled that local laws may be stricter than state laws as long as they do not conflict with or frustrate the purpose of the state law. For instance, the Supreme Judicial Court of Massachusetts upheld a local firearm discharge ban, finding that it did not conflict with the state's hunting license law, even though the local law was more stringent.

In some states, there are statutory exceptions that may permit some local firearms and/or ammunition regulation. For example, in Colorado, a state with a deep-rooted gun culture, lawmakers are poised to pass a measure that would severely limit the use of detachable ammunition magazines. This would make it illegal to buy, sell, and manufacture a wide range of firearm models, including rifles, shotguns, pistols, and some handguns. However, it's important to note that these local regulations cannot conflict with federal laws, such as the National Firearms Act and the Federal Firearms Act.

State constitutions can allow cities to have Home Rule powers

In the United States, the authority to govern is delegated to its constituent parts, such as states, counties, towns, and cities. The 10th Amendment to the U.S. Constitution allows states to make and enforce their own laws, which tend to address affairs not covered by federal law. However, federal law supersedes conflicting state laws.

There are four categories in which states may allow discretionary authority to local governments:

• Structural power: The power to choose the form of government, charter, and enact charter revisions.
• Functional power: The power to exercise local self-government in a broad or limited manner.
• Fiscal power: The authority to determine revenue sources, set tax rates, borrow funds, and other related financial activities.
• Personnel power: The authority to set employment rules, remuneration rates, employment conditions, and collective bargaining.

Some states, like California, may require general-law cities to have a specific form of government, such as a five-member city council. However, a city with a charter, like a home rule city, may choose a different system, such as a "strong mayor" or "city manager" form of government. These cities have the flexibility to choose their government structure and can be administered predominantly by residents or a third-party management structure.

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