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?
1 ANSWER
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