Re: Montgomery County Parks
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September 19, 2008
Human Services Center
1430 DeKalb Street
Norristown, PA 19404-0311
To Whom It May Concern,
Upon visiting a Montgomery County Parks Department maintained recreational area I noted multiple signs and posted rules that stated in numerous ways that firearms were strictly prohibited on the property for any purpose. The County ordinances posted on the trailhead corkboard noted that violation of the posted rules, including the possession of a firearm, would result in a summary offence.
As you are aware, the Commonwealth’s Uniform Firearms Act (1995) reads, in part, as follows: 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 ammuniŽtion components when carried or transported for purposes not prohibited by the laws of this commonwealth.
It was the intention of the state to preempt all local laws and ordinances with the implementation of the Uniform Firearms Act. Therefore, the regulations posted are not enforceable as they exist in violation of state law. Any arrest and attempted prosecution under the local ordinances posted at the County Park sites could potentially be met with lawsuits against the department, county and enforcing agencies.
I trust this is simply an oversight of the department and that you will amend the posted regulations to reflect state law so that the public may be properly informed of their rights, and to avoid confusion, wrongful arrest, detention or seizure of property by agencies that may be asked to enforce the posted regulations.
I would appreciate any clarification of the posted ordinances and signage you may be able to provide, citing appropriate state law or county code when and if possible, so that I may distribute it to other interested parties as accurately as possible. Likewise, I would like to be informed of any resolution to this issue so that I and others may abide by the law to the fullest extent.
Sincerely,
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