Review: Indiana Attorney General – local home rule limits must be followed when implementing local public health policies

Home/Review: Indiana Attorney General – local home rule limits must be followed when implementing local public health policies

Review: Indiana Attorney General – local home rule limits must be followed when implementing local public health policies

Review: Indiana Attorney General – local home rule limits must be followed when implementing local public health policies

In an Official Opinion, the Indiana Attorney General explains why local political subdivisions cannot restrict firearm sales during an emergency declaration.

Following reports that local political authorities were deeming the dealers of firearms and ammunition nonessential during a pandemic, a request was made to the Attorney General to clarify the scope of authority of local government to regulate firearms and ammunition sale under state law. The Attorney General determined that Indiana “home rule” laws did not allow restrictions by local government entities, for the following reasons:

  • The governor’s Executive Order outlining the parameters of the stay at home rules deemed “firearm and ammunition suppliers” as essential businesses/operations;
  • U.S. Department of Homeland Security recommendations for essential services listed firearm or ammunition retailers on their list, and that list was incorporated into the Executive Order;
  • Indiana’s home rule law explicitly prohibits political subdivisions from regulating commerce in firearms and ammunition;
  • Indiana disaster laws explicitly include similar prohibitions.
|2020-04-03T16:33:31-04:00April 3rd, 2020|COVID-19 Literature|Comments Off on Review: Indiana Attorney General – local home rule limits must be followed when implementing local public health policies

About the Author: Ross Silverman

Ross Silverman
Ross D. Silverman, JD, MPH, is Professor of Health Policy and Management at Indiana University Fairbanks School of Public Health and Professor of Public Health and Law at Indiana University McKinney School of Law in Indianapolis. He is a member of the IU Centers on Health Policy and Bioethics. His research focuses on public health and medical law, policy, and ethics, and law's impact on health outcomes and vulnerable populations. He also serves as Associate Editor on Legal Epidemiology for Public Health Reports, the official journal of the Office of the U.S. Surgeon General and the U.S. Public Health Service. His most recent Covid-19 publications include: "Ensuring Uptake of Vaccines Against SARS-CoV-2" in the New England Journal of Medicine (with MM Mello & SB Omer), and "Covid-19: control measures must be equitable and inclusive" in BMJ (with ZD Berger, NG Evans & AL Phelan)

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