By Rob W.
If East Brunswick can ban drones, what’s stopping it from banning guns? Sounds silly? That’s because the proposal is. In legal terms, this all comes down to preemption — when higher law takes priority over local rules. The point isn’t about rights — it’s about authority. Towns can’t override either.
In both cases, higher laws already exist. The Federal Aviation Administration (FAA) regulates airspace and drone operations, setting national standards for flight, registration, and safety. Meanwhile, federal and state laws — and in the case of firearms, even the U.S. Constitution itself — set the boundaries for gun regulation. The federal government establishes the baseline, like prohibiting automatic weapons and requiring background checks, while each state decides how strict to be beyond that. That’s why gun laws in Texas look completely different from gun laws in New Jersey.
The point isn’t about rights — it’s about authority. Towns can’t override either.
But what doesn’t change is this: local governments can’t rewrite higher law. In New Jersey, towns cannot pass ordinances that contradict or override state law, and that same logic applies federally. Federal law preempts state and local law when it comes to airspace. The state, in turn, preempts municipal governments on matters like gun regulation. It’s a hierarchy for a reason — to keep local politics from interfering with national and state frameworks.
So when East Brunswick tries to push through an ordinance banning drones altogether, it’s not just an overstep — it’s a misunderstanding of how the law actually works. The FAA controls the sky, and the state controls firearm regulation. Both have already drawn the lines that towns are supposed to respect.
Like I said, it was never about the drones. It’s about leadership that understands the difference between governing and overreaching. We need council members who see technology and innovation not as threats but as opportunities — people who adapt, not restrict.
Five “Bad” Analogies That Hold Up in Court
In legal terms, this all comes down to “preemption” — when higher law decides how far local government can go.
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The FAA controls airspace the same way the FDA regulates medicine — local governments can’t just make up their own rules because they don’t like how it’s used.
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Towns can’t pass drone bans for the same reason they can’t change abortion laws — those decisions are governed at the state or federal level, not the municipal one.
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A township regulating airspace is like a town trying to rewrite immigration policy — both fall under exclusive federal authority.
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Just as states decide their own marijuana laws within federal boundaries, only states can build on federal drone rules — not individual towns.
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Local government banning drones is as legally shaky as a town creating its own version of the DMV — some things are simply outside their lane.
When Local Law Can Bend the Rules
While higher laws almost always override local ones, there are a few narrow situations where towns can act within or even beyond them — but only if state or federal law allows it.
Here are a few examples:
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Federal “opt-in” systems: Some federal laws let states or major cities adopt stricter rules. Example: under the Clean Air Act, local governments can set tougher emissions standards than the federal baseline.
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State delegation of power: States sometimes hand specific authority to towns. In New Jersey, the Municipal Land Use Law gives towns control over zoning, letting them decide where businesses like gun shops or dispensaries can operate.
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Home rule flexibility: In “home rule” states, towns can make local rules on issues not covered by state law — like noise, curfews, or public safety — as long as they don’t conflict with higher laws.
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Public health and emergencies: Local governments can use temporary powers during emergencies to restrict activities or impose safety measures within their borders.
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Explicit carve-outs: Some laws say directly, “Nothing in this section prevents local governments from enacting stricter rules.” When that language exists, stricter local laws are legal.
Outside of those cases, towns can’t override state or federal law. When they try — like East Brunswick’s drone proposal — they’re stepping into territory that doesn’t belong to them.
P.S. For you gun experts, we do understand — towns in New Jersey can’t make their own gun laws, but they can differ in how they enforce them. Local police handle the permits, timelines, and enforcement, so the experience may vary, even though the laws themselves are the same statewide
