QUESTION

Does a local ordinance supersede a state constitutional right?

Asked on Nov 10th, 2016 on General Practice - Indiana
More details to this question:
The state constitution gives the right to hunt. A local ordinance prevents shooting of a gun or bow, preventing the ability to hunt. Is that ordinance constitutional in this case?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The answer to your first question is no, a constitutional provision trumps a local ordinance.  The answer to the second is maybe.  Does the Constitution specifically provide the right to hunt with a gun or bow?  Does the local ordinance prohibit all use of a gun or bow?  Does it allow it, for example, in uninhabited areas?  Localities do have a right to regulate even constittutionally protected activities in reasonable ways.  For example,you have a constitutionally protected right to freedome of speech, but that doesn't mean that a town can't prohibit the use of a bullhorn at 2 A.M.
Answered on Nov 10th, 2016 at 12:23 PM

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