New Attorney General Opinion on State Preemption and local ordinances

On April 11, 2017, the Attorney General issued opinion 17-26 which answered this question:

Effect of Tenn. Code Ann. § 39-17-1314 on Enforceability of Local Zoning Laws
Where Tenn. Code Ann. § 39-17-1314 preempts counties and municipalities from adopting any ordinances to regulate the use, purchase, transfer, taxation, manufacture, ownership, possession, carrying, sale, acquisition, gift, devise, licensing, registration, storage, and transportation of firearms, would a local zoning ordinance prohibiting manufacturing of any kind in an area zoned residential be enforceable as to the manufacture of guns and ammunition?
Tennessee Code Annotated § 39-17-1314regulates firearms and ammunition. A local zoning ordinance prohibiting all manufacturing in a residential area regulates land use. The state law and the local ordinance regulate different subjects and therefore operate independently of one another.  As long as the zoning ordinance is not otherwise discriminatory in its application and enforcement and does not indirectly engage in regulation that is forbidden under  Tenn. Code Ann.§ 39-17-1314, the ordinance will be enforceable.

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