Quote:
Originally Posted by ccphilly1984
the land is owned by the township, it is "public" land, but it is "public invite" to the township owned land... it's kind of iffy... just like they have pubic smoking bans in buildings... the bars are owned, but they are by public invite.
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there is a problem with these arguments.
namely, the PA UFA preemption statute specifically states that no municipality or county may *in any manner* regulate the possession of firearms.
the township/county/etc. does not have the same power to regulate firearms on it's "public invite" land as a regular private property owner because the preemption clause specifically addresses municipalities and counties and not any other land owners.
the fact that the land is owned by the township and is "public invite" is irrelevant. the preemption statute does not contain any language that limits it to only streets, sidewalks, etc. or any other specific type of public or private land.
it also does not limit itself to covering just ordinances. it says "regulate" and it says "in any manner".
a park regulation is, by defintion, regulation...and, thus, covered by the "regulate" phraseology. further, the "in any manner" clause also clearly means it is not limited to just preventing ordinances regardng carrying in general. regulating the possession of firearms in parks is "regulating" and falls under "in any manner".
also, regarding local smoking bans...i know of at least two (erie and allegheny county) that were shot down by the courts because there is a preemption clause in the state clean air act (and that preemption clause is more vague and weaker than the one in the PA UFA to boot).
are there any local smoking bans in force in PA?