Firearm Ban in Local Parks

[mdhunter55]

The Centre Region Parks and Recreation have on their website:
Prohibited by Municipal Ordinance in parks:
"Possession or discharge of any firearms, bows, arrows, air guns, slingshots, missles, radio-controlled or string-controlled model aircraft, or fireworks (except as allowed in a designated and posted area)."

Does this mean that a person with a LTCF cannot walk down a bike path or enter a park with a firearm? Isn't this in conflict with the Pennsylvania Firearms Preemption Clause?

[Xringshooter]

Originally Posted by mdhunter55

Isn't this in conflict with the Pennsylvania Firearms Preemption Clause?

Yes it does. IIRC there is someone in Ferguson Twp that is challenging their ordinance and I am working on a letter to the College Twp Council Board challenging the College Twp ordinance. When I get the letter together I'll publish here for people to critique to make sure it is worded correctly and as strongly as possible. It appears that all the townships just used the Centre Region words when they wrote their individual ordinances.

[Bigdaddyjo]

I know this has been in place for a long time. I do not understand how it was ruled that Philly and Pittsburgh could not make their own gun laws but the Centre region can.

[mcshooter]

Originally Posted by Bigdaddyjo

I do not understand how it was ruled that Philly and Pittsburgh could not make their own gun laws but the Centre region can.

That's simple. Those in "ruling class" will always forget that the law applies to them too and reminding them is an expensive process. And it is the taxpayer, not the lawmaker, that will have to pay the legal fees to defend the unconstitutional law that will inevitably be overturned. This is the definition of government waste.


Philly still hasn't learned its lesson. They keep passing gun laws that will cost money to defend even though they will be overturned, and they are in the middle of a budget crisis. This is the definition of insanity.

[Mity2]

Wait a minute here. I wark my dog through bike pass by my house(between Bruecourse Dr and Shellers bend) every evening. is that mean I have to walk my doga(that are not guard dog type in anyway shape or form) in dark unarmed??

[jimbacher]

This is rediculous. I wouldn't have thought this would happen in Centre County.

[gnbrotz]

They can prohibit the discharge, but not the possession of firearms.

The rule/ordinance is unenforceable and ripe for for both criminal and civil action against the involved parties should the violate the states preemption law and sanction you for lawfully carrying in accordance with state/federal law (the only controlling authority in this matter).

[Xringshooter]

My letter is in the PA Law and Politics section of the forum if you want to view and add your comments. The stronger the letter the better. After I send it I'll be reviewing and getting a letter ready for COG as that's where all the others came from.

[Xringshooter]

Here is what I sent today (8/6/09). Both were sent Registered, Return Receipt Requested:

College Township
Council Chairman
1481 E. College Avenue
State College, PA 16801

Dear Chairman Klees:

I am writing to the council and you to bring to your attention a township park ordinance that appears not to be in compliance with state law.

According to the College Township, Centre County, Pennsylvania Ordinance O-06-17 Parks Ordinance Section 139-3 (Prohibited conduct) paragraph F:

“Firearms, weapons, etc. No person shall have in his possession, bring into or use in any park, whether carried concealed or carried open, any firearms, slingshots, firecrackers, fireworks or other missile-propelling devices or explosives or arrows (except as allowed in a designated archery area) or other dangerous weapons which have such properties as to cause annoyance or injury to any person or property, except for hunting in those areas and with the provisions specifically designated and approved by resolution of the College Township Council.”

It is my understanding that the firearms prohibition portion of O-06-17 is not in compliance with Title 18, Chapter 61, Subchapter A (otherwise known as The Uniform Firearms Act).

Subsection 6120 of the Uniform Firearms Act states:
”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.”

The preemption statute quoted was passed in 1995. I am unsure when O-06-17 was originally passed. However, since there is no grandfathering of existing limitations, a portion O-06-17 is not in compliance with Pennsylvania's Uniform Firearms Act as the Townships ordinance presently reads.

The preemption statute quoted is very important for all citizens who legally carry a firearm, not just Pennsylvanians. It removes the problem of a traveling or visiting citizen of running afoul of a myriad of local laws prohibiting where they may and may not carry a firearm. In other words, citizens who can legally carry firearms in Pennsylvania may carry firearms in any location not prohibited by state law.

It seems to me that, as it stands, the current prohibition puts the township in a position to potentially become civilly liable should this ordinance result in what would, in effect, would be a false arrest.

As a side note, Allegheny County had a similarly worded firearm ordinance that was not in compliance with the UFA. When brought to their attention, they amended their county parks regulations to comply with state law to avoid a possible lawsuit or litigation cost arising from possible enforcement of the then illegal ordinance.

As a resident, tax payer, and active voter of College Township, I respectfully ask that the Council please review this ordinance and amend it to comply with Pennsylvania State law.

I thank you for your time and look forward to your prompt response.

Sincerely,
Ronald J. Lutz
United States Air Force, Retired



Centre Region Parks and Recreation
Director, Ronald J. Woodhead
2643 Gateway Drive #1
State College, PA 16801

Dear Director Woodhead:

I am writing to you to bring to your attention a Centre Region Parks and Recreation ordinance that appears not to be in compliance with state law.

According to the Rules and Regulations For Municipal Parks and Recreation Areas, it states:

The following are prohibited by municipal ordinance:
- Possession or discharge of any firearms, bows, arrows, air guns, slingshots, missles, radio-controlled or string controlled aircraft, or fireworks (except as allowed in a designated and posted area)

It is my understanding that the firearms prohibition portion of this is not in compliance with Title 18, Chapter 61, Subchapter A (otherwise known as The Uniform Firearms Act).

Subsection 6120 of the Uniform Firearms Act states:
”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.”

The preemption statute quoted was passed in 1995. I am unsure when these rules and regulations were originally written and passed. However, since there is no grandfathering of existing limitations, a portion of the rules and regulations is not in compliance with Pennsylvania's Uniform Firearms Act as it presently reads.

The preemption statute quoted is very important for all citizens who legally carry a firearm, not just Pennsylvanians. It removes the problem of a traveling or visiting citizen of running afoul of a myriad of local laws prohibiting where they may and may not carry a firearm. In other words, citizens who can legally carry firearms in Pennsylvania may carry firearms in any location not prohibited by state law.

It seems to me that, as it stands, the current prohibition puts the Centre Region Parks and Recreation in a position to potentially become civilly liable should this ordinance result in what would, in effect, would be a false arrest.

As a side note, Allegheny County had a similarly worded firearm ordinance that was not in compliance with the UFA. When brought to their attention, they amended their county parks regulations to comply with state law to avoid a possible lawsuit or litigation cost arising from possible enforcement of the then illegal ordinance.

As a resident, tax payer, and active voter of College Township and Centre County, I respectfully ask that you please review this ordinance and amend it to comply with Pennsylvania State law.

I thank you for your time and look forward to your prompt response.

Sincerely,
Ronald J. Lutz
United States Air Force, Retired

[Mity2]

Go Ron!!

Keep us updated!