Combatting and Preventing Preemption: A Strategic Action Model

Bare, Michael; Zellers, Leslie; Sullivan, Patricia A.; Pomeranz, Jennifer L.; Pertschuk, Mark

doi:10.1097/phh.0000000000000956

Cited by 9 publications

(3 citation statements)

References 5 publications

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“…Therefore, in states where, and for policy topics for which, preemption is not yet widespread, such as punitive preemption, prevention is key. 18 argued that states should enact minimum public health standards (floor preemption) to provide statewide protection and allow localities to engage in additional policymaking to meet the needs of their communies. 6,19 Only 1 state, Illinois, regularly had minimum standards or a savings clause in the context of firearms.…”

Section: Methodsmentioning

confidence: 99%

State Gun-Control, Gun-Rights, and Preemptive Firearm-Related Laws Across 50 US States for 2009–2018

2021

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Objectives. To assess state policy environments and the relationship between state gun-control, gun-rights, and preemptive ﬁrearm-related laws in the United States. Methods. In 2019 through 2020, we evaluated substantive ﬁrearm laws and preemptive ﬁrearm laws across 50 US states for 2009 through 2018. For each state, we compared substantive measures with preemptive measures on the same policy topic for 2018. Results. The presence of state ﬁrearm-related laws varied across states, but with the exception of “punitive preemption” the number of gun-control, gun-rights, and preemptive measures remained unchanged in most states from 2009 through 2018. As of 2018, a majority of states had preemptive measures on almost all gun-control policy topics without enacting substantive gun-control measures. Several states had a combination of gun-control and preemptive measures. Only a small number of states had gun-control measures with few to no preemptive measures. Conclusions. Even where state legislators were unable to pass statewide gun-rights measures, they succeeded in passing preemption, preserving state authority over a wide range of gun-control and gun-rights policy topics. The majority of states used preemption as a tool to support policy frameworks favoring gun rights. (Am J Public Health. Published online ahead of print June 10, 2021: e1–e8. https://doi.org/10.2105/AJPH.2021.306287 )

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Section: Methodsmentioning

confidence: 99%

State Gun-Control, Gun-Rights, and Preemptive Firearm-Related Laws Across 50 US States for 2009–2018

2021

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“…Their experience with preemption across 23 topic areas and previous research documenting state preemption as a national strategy 1 indicate that it is now essential for the prevention of preemption to become part and parcel of substantive policy work. 6 Concurrent with supporting evidence-based and innovative public health policies, local officials and advocates can engage and educate state legislators, the media, and grassroots organizations in opposition to preemption, and they can add savings clauses in model state and federal legislation. 6 More than a third of survey respondents also reported attempting to change preemptive laws, likely referring to efforts directed at state-level policymakers.…”

Section: A New Role For Local Policymakersmentioning

confidence: 99%

“…6 Concurrent with supporting evidence-based and innovative public health policies, local officials and advocates can engage and educate state legislators, the media, and grassroots organizations in opposition to preemption, and they can add savings clauses in model state and federal legislation. 6 More than a third of survey respondents also reported attempting to change preemptive laws, likely referring to efforts directed at state-level policymakers. Nonetheless, local policymakers are in a prime position to educate and motivate constituents to support the repeal of preemptive laws and vote in favor of state-level policymakers who support local governments.…”

Section: A New Role For Local Policymakersmentioning

confidence: 99%