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Old March 14, 2014, 06:32 PM   #38
JimDandy
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Join Date: August 8, 2012
Posts: 2,556
Quote:
They can preempt the 2nd because it has not (yet) been held by the courts to be the same "level" of civil right as free speech, religion
That and the basic premise is flawed. Cities CAN regulate the 1A. Between "free speech zones" assembly/parade permits, and so on.

The answer to the spirit of the question asked is: Preemption (As far as I understand it) is when the State tells all of it's subdivisions (cities, towns, etc) that it reserves all the laws regarding an area to themselves.

I suppose it's theoretically possible for the State to tell their subdivisions they're preempting 1A issues and take over all the parades, protests, and other stuff that goes with it. When they do it with firearms they tell 'em laws on carry and ownership, etc. lies with them, and commonly only leave regulating some of the discharge of firearms to the local level.
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