A state appeals panel has nullified a Nassau County ordinance banning “deceptively colored” firearms. In a 13-page decision, a unanimous panel of the Appellate Division, Second Department, ruled that the county law was implicitly preempted by New York state’s gun-licensing laws under the doctrine of field preemption. “Penal Law §400.00 contains detailed provisions and, thus, evinces the Legislature’s intent to preempt the field of firearm regulation,” Justice Ariel Belen (See Profile) wrote for the court in Chwick v. Mulvey, 2009-01468, “[T]here is ample evidence to demonstrate that the Legislature intended Penal Law §400.00 to preempt local laws with respect to firearm licensing.”
Nassau County enacted the disputed ordinance in May 2008 to protect people from mistaking real guns for toys. The law made it a misdemeanor to possess guns painted almost any color other than black, grey, silver or “army green.” It was amended later that year to allow several other colors or surfaces, such as wood or ivory handles.
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