State Preemption

Last reviewed November 1, 2026

State Firearm Preemption: Where It Stands in 2026

Firearm preemption means the state legislature, not each city or county, sets the rules for owning, carrying and transferring guns. For gun owners, it is the difference between one set of state laws and a patchwork of local ordinances that can turn a law-abiding traveler into a criminal by crossing a city line. Most states adopted strong preemption in the 1980s and 1990s after local handgun bans such as Morton Grove (1981) and Chicago (1982) showed what was at stake.

Warning: maps are habit forming. Next stop, 2A Maps

Full State Preemption (40): Alabama, Alaska, Arizona, Arkansas, Delaware, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, Wyoming

Partial Preemption (7): California, Illinois, Maryland, New Jersey, New York, Oregon, Virginia

Little or No Preemption (5): Colorado, Connecticut, District of Columbia, Hawaii, Massachusetts

How this map is researched, from statute to state note: How We Research.

Counts vary with how partial preemption is scored. A 2021 Stateline survey found 42 states with laws limiting local gun restrictions after Colorado’s repeal, while other tallies also count states with partial preemption. The live map on this page scores 39 states with full preemption and 7 with partial preemption. A handful of states, including California, Connecticut, Hawaii, Massachusetts, New Jersey and New York, have little or no firearm preemption.

The trend in anti-gun states is to chip away at preemption. Virginia’s 2020 law allowed localities to ban firearms in government buildings, parks and permitted events, and cities including Alexandria, Richmond and Fairfax County did so. Colorado repealed its preemption law outright in 2021 (SB21-256), the first state to do so. In Minnesota, a 2026 repeal bill (HF 3351) stalled on a 7-7 committee vote. Pro-gun states have gone the other way: Utah’s 2022 SB 115 confirmed the legislature as the sole regulator of firearms and gave people harmed by illegal local gun rules a way to sue.

Key Facts

  • 2020: Virginia allows localities to prohibit firearms in government buildings, public parks and permitted events.
  • June 2021: Colorado SB21-256 repeals statewide preemption, letting localities pass rules stricter than state law.
  • 2021: Stateline counted 42 states (other than Colorado) with laws limiting local gun restrictions; some tallies run as high as 45.
  • 2022: Utah SB 115 makes the legislature the sole authority over firearm and ammunition regulation and adds a private right of action against violating localities.
  • February 2026: Minnesota HF 3351, a full preemption repeal, failed to advance on a 7-7 House committee vote; it remained alive in committee as of March 2026.

What Gun Owners Should Know

  • In states with weak or no preemption, check city and county ordinances as well as state law before carrying or transporting a firearm, especially for parks, transit and public buildings.
  • Many preemption statutes include penalties or fee-shifting against localities that violate them. Gun-rights groups use these provisions to strike illegal local rules.
  • Preemption repeal bills are often introduced quietly. Watch state legislative calendars and contact legislators early.
  • Related pages: State Firearm Laws, 2A Sanctuary Laws, and State Gun Bans. Legislative session dates are tracked on Gun Calendars.com.

Sources

State Preemption

  • When State Laws invalidate Local Laws (municipal ordinances)

Federal Preemption

  • When Federal Laws invalidate State & Local Laws (municipal ordinances)

45 of the 50 states have State level Preemption of local laws

State Gun Law Maps 2021 State PreemptionVintage 2021, crafted by actual humans. The robots tried to preempt us, but this one was finished first.