Preemptive Law?
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Thread: Preemptive Law?

  1. #1
    Join Date
    May 2011
    Location
    Coon Rapids, Minnesota, United States
    Posts
    6

    Preemptive Law?

    Does anyone know if the MN Statute 471.633 would allow an individual to obtain a FFL for a home based business even though city ordinance does not allow?

    471.633 FIREARMS.

    The legislature preempts all authority of a home rule charter or statutory city including a 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.

    History: 1985 c 144 s 1

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  3. #2
    Join Date
    Dec 2007
    Location
    Oklahoma, for now
    Posts
    364
    Interesting. The state law seems to override even zoning regs. But IANAL. If you're going in to business, spend the $$$ on a good attorney, and mind any HOA regs. Since an HOA is a private entity, that state law doesn't apply.

  4. #3
    Join Date
    May 2011
    Location
    Coon Rapids, Minnesota, United States
    Posts
    6
    I read it the same way, yet one of the NRA's websites shows MN as one of the 6 states that does not have a preemptive law. Of course the City Planner "had never heard of that statute before". From what I understand, if your FFL app is denied, you are pretty much denied for life, so not one to take chances with so the lawyer, sorry good lawyer (harder to find) is good advice. Thanks.

  5. #4
    Look at Article 6 of the Constitution which I believe overrides any law that infringes upon your civil liberties.
    Some SCOUTUS opinions:
    Supreme Law School : E-mail : Box 036 : Msg 03678
    reshearh a little on your own before going to so called legal eagle. It has been my experience that they don't want to win any thing but your $$$ thru the simplest means possiable.
    The Only Easy Day Was Yesterday

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