AOPA files suit to change state law requiring background checks | Aviation International News

AOPA files suit to change state law requiring background checks

AOPA and seven flight schools have challenged in federal court a New York state law that requires criminal background checks for all flight school students

By AIN Staff • AIN Staff

December 22, 2006

AOPA and seven flight schools have challenged in federal court a New York state law that requires criminal background checks for all flight school students. The law went into effect in September.

The lawsuit states that Congress has enacted legislation to create “a single, uniform system of regulation for the safety and security of aviation to be maintained by the federal government.” AOPA argues, therefore, that any state attempts to regulate security are a violation of the Supremacy Clause (Article VI, clause 2) of the U.S. Constitution and therefore preempted.

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