Forfeiture law trumps preemption. So the city says it can take your gun if you’ve had a few drinks in your own home.
U.S.A. – -(Ammoland.com)- “Richmond Heights City Council has passed an ordinance that adds further stipulations to misdemeanors surrounding firearms, including the forfeiture of weapons if convicted,” The News Herald reports. “The law was passed this past week in order to help combat the growing number of firearm violations.”
If they were firearm violations and the city knows about them, then there are already laws on the books making them illegal, for which known violators can be charged and prosecuted. Indeed, that’s the case here, with current misdemeanor charges applicable for illegal discharges, possession while intoxicated, and carrying a gun into an establishment posted as banning them, with the added proviso that doing so without a permit “is a felony.”
What the Richmond Heights ordinance does is require a violator’s gun to be forfeited.
By David Codrea