[sdsorrentino]

i sent an email to the MontCo DA

Madam District Attorney,
As a frequent user of the Schuylkill River Trail, I am writing you to ask you about the legal issues of carrying a firearm while in Montgomery County Parks. Sheriff Durante, in his statement posted online here

http://sheriff.montcopa.org/sheriff/...a=1683&q=71877

states

"Sheriff Durante once again reminds the public that carrying a firearm on the trail or in any county park, regardless of whether or not one has a concealed carry permit, is illegal and a violation of the rules and regulations of the Montgomery County park system. Anyone caught in possession of a firearm in violation of these rules and regulations will immediately lose their concealed carry permit and will be turned over to the Montgomery County District Attorney’s Office for prosecution."

I have looked on the MontCo website and I cannot locate the County Ordinances to verify that there is in fact an ordinance that makes it illegal to carry a firearm in MontCo parks, so I have no way of knowing if this is true, or if Sheriff Durante simply believes it to be true.

PA's Uniform Firearms Act, located here

http://www.acslpa.org/pa_uniform_firearms_act.htm

makes it pretty clear that Counties, Municipalities, or Townships may not regulate firearms ownership or possession,

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.
(Chgd. by 1.1999, Act 59(7), eff.12/15/99.)

My question to you is, what is the law in Montgomery County? Is there an ordinance on the books in Montgomery County that purports to ban possession of firearms in county parks? If there is, are you aware that it has been pre-empted as of 1999, and are you working to have this law repealed? And finally, have you contacted the Sheriff to advise him that in his statement he has overstepped his authority and he stands in serious legal danger if he attempts to enforce such an illegal law?

Thank you in advance for your prompt response,
Very respectfully,
Sean Sorrentino


Sean Sorrentino
Email:
sean@seansorrentino.com