Quote:
Originally Posted by gnbrotz
Hopefully if and when the County Commissioners look into this "incident", they will discover that preemption prevents them from doing so.
Since this is my first real opposition, I'd appreciate any assistance or suggestions in drafting letters to the appropriate parties to help educate those who need it.
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it seems he thinks the county commissioners can pass an ordinace to prevent people from OCing at polls, so he might try to get them to.
you might want to consider sending a letter to the commissioners explaining what happened and that you think the constable might contact them about passing such an ordinance.
then follow up with something like:
Quote:
In light of this, I just wanted to make sure you are aware of the pre-emption clause in the Pennsylvania Uniform Firearms Act which specifically prohibits counties or municipalities from passing their own laws regarding carrying guns. For your reference, I have included the text of the preemption clause below:
TITLE 18
PA CRIMES CODES
§6120. Limitation on the Regulation of Firearms and Ammunition.
(a) General rule. No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this commonwealth.
(a. l) No right of action.
(1) No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.
(2) Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.
(b) Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Dealer." The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition.
"Firearms." This term shall have the meaning given to it in section 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 6304 (relating to sale and use of air rifles).
"Political subdivision." The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.
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i would also send a copy of the letter to whoever is in charge of elections in your county and probably to the constable in question if you know how to contact him.
of course, be polite and end the letter with something like "thank you for your time and consideration in this matter."
good luck and THANK YOU for standing up for my (and everyone's) rights.