Chester County Parks in Violation of the UFA

[West Chester]

The Chester County solicitor has been approached about this, I spoke with him over the phone some time ago.

He firmly believes 6120 "doesn't apply" and does not care to hear any argument otherwise; he also firmly dismissed the rules of statutory construction, PA Supreme Court rulings on preemption, and the AG's letter to another DA on preemption as simply not applicable (with no rational legal argument as to why he believes such).

I don't see anything other than court action changing things.

Here was his email response to me before.

email from Mr Amrahamsen, April 4th 2011
The County Commissioners have asked me to respond to your e-mail of March 31, 2011.

The section of the crimes code you cite ,18 PaCSA sec. 6120, does not apply to a County Park. That section only prohibits a local government from regulating firearms throughout its geographical boundaries. County Parks are real estate owned by the County. As such the County may impose regulations regarding use of a Park and what can and cannot be brought onto a County Park. The County Code specifically empowers the County Commissioners to manage and supervise its parks. The section of the crimes code you cite does not repeal this portion of the County Code. Therefore, the park regulations will remain in force.

[BimmerJon]

Guy should have his license taken

An 8th grader could understand what preemption means

[tl_3237]

I think the Chester County solicitor is relying on Wolfe v. Township of Salisbury, 880 A. 2d 62 - Pa: Commonwealth Court 2005 {BenGlock posted this case in another thread}.

The underlying case dealt with the presumed preemption of Game laws (Title 34) and a municipality's ability to act as a private landholder in respect to same in a limited geographic area of the municipality (park),

I haven't digested all of it but I can foresee that this ruling can be overcome using the argument that 6120 is an overtly stated preemption by the Commonwealth but it does leave cause to pause.

[IronSight]

IronSight - Where does this stand?

Same as before, so far it seems that local officials are going to do whatever the controller/DA/voters let them get away with.

ETA to add:

I think the Chester County solicitor is relying on Wolfe v. Township of Salisbury, 880 A. 2d 62 - Pa: Commonwealth Court 2005 {BenGlock posted this case in another thread}.

The underlying case dealt with the presumed preemption of Game laws (Title 34) and a municipality's ability to act as a private landholder in respect to same in a limited geographic area of the municipality (park),

I haven't digested all of it but I can foresee that this ruling can be overcome using the argument that 6120 is an overtly stated preemption by the Commonwealth but it does leave cause to pause.

If he's relying on that case he hasn't let anyone know publicly. All of his arguments so far, both written and over the phone, don't refer to any case law at all. So he might have informed officials of an argument pertaining to that case privately, but it hasn't been mentioned anywhere public by the county that I have personally seen or heard.

[johnpsu]

Chester County Parks & Recreation is now part of the Chester County Facilities Department and is located in the new County office building on West Market Street.

Chester County Parks & Recreation Administrative Offices have moved to:

313 W. Market Street, Suite 5402
West Chester, PA 19380-0991
Phone: (610) 344-6415
Fax: (610) 344-5984

- John P. Mikowychok, Director, jmikowychok@chesco.org, Direct line: 610-344-6544
- Bob Williams, Assistant Director, rdwilliams@chesco.org, Direct line: 610-344-6446

Chester County Facilities Department

313 West Market Street, 5th Floor
P.O. Box 2748
West Chester, PA 19380-0991
Phone: (610) 344-6220

- Steve Fromnick, Director of Facilities, sfromnick@chesco.org
- Christine Genther, Assistant Director of Facilities, cgenther@chesco.org

Just FYI, 313 W. Market Street is a secure building and the County Sheriff has Deputies checking all visitors in the lobby.

[JonEMTP]

Just FYI, 313 W. Market Street is a secure building and the County Sheriff has Deputies checking all visitors in the lobby.

Speaking of that... did anyone ever find out if 313 W. Market is a LEGAL gun-free zone? Or is it like 601 Westtown Rd, where it's posted as a court facility, even though it ISN'T?

[The Lost]

I've submitted an email, and made a call as well. I intend to drop in and make a show of interest when i get down to West Chester near the end of this week. From my email and phone call i get the feeling they are starting to develop a regurgitation response to these inquiries.

[IGPJAP]

Why aren't we scheduling a OC/CC event in a Chester County park and informing this nitwit when and where it will be occurring?

[GearheadPA]

I sent an email to Sen. Pileggi and haven't heard back. I mentioned the local township parks and the Chester County parks. Maybe he can get something moving....

Mark
West Grove, PA (Penn Township)

[dunno]

I sent an email to Sen. Pileggi and haven't heard back. I mentioned the local township parks and the Chester County parks. Maybe he can get something moving....

Mark
West Grove, PA (Penn Township)

Good luck with that! haha

I think we should just bide our time till the new law passes so they have more inspiration to act. They may act if they know it could cost them serious money for these violations.

Brian
Oxford