
July 26th, 2008
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Grand Member
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Join Date: Mar 2007
Location:
Spring City,
Pennsylvania
(Chester County)
Posts: 1,859
Rep Power: 162
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Re: Municipalities in violation of §6120 (Preemption)
This is the letter I mailed off to the township. Thanks for your help Greg.
Quote:
To whom this may concern,
I am writing to alert you that the rules and regulations (posted both at the park and on the www.eastvincent.org website) are in conflict with the Commonwealth of Pennsylvania’s Uniform Firearms Act (1995).
Specifically statute:: 18 Pa. C.S. §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.
Rule #7, as posted on the signs at the park, and rule #10, as posted on the website, are unenforceable. The township may regulate the discharge of firearms but it has no authority to prohibit or limit the lawful carrying of firearms for self defense.
Should an officer choose to enforce this regulation, the officer and township could be facing a lawsuit for wrongful arrest, official oppression, and even civil rights violations. It could be an expensive proposition for the township and the police department.
I'm assuming this was simply an oversight and that steps will be taken to rectify the problem. I would appreciate that this message be forwarded to Solicitor Stuart N. Cohen, and request a formal response from him clarifying the township's position on this rule and it's clear conflict with state law.
Sincerely,
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