Mingo Creek Preemption Violation?

[kcr121]

I did, I was very appreciative of the information that kcr121's provided. I am actually looking for the Solicitor's official email with the county. I do not wish to send this to his place of business or to a home email account. I did call and left him a VM at his county office. I also forwarded my concerns to the 3 County Commissioners that the county web site has listed.

We will just have to see their response.

The solicitor usually does not have a county email address. They are private attorneys hired by the county to advise on legal matters.

[4070BN]

Just received this email. I'll post it and let someone with more legal knowledge send their input.

I was out of the office last week when you emailed Kevin Garrison regarding the ordinance prohibiting firearms in Mingo and Ten Mile Parks so I apologize for the delayed response. Nevertheless, this issue has been questioned and researched in the past. The Uniform Firearms Act does restrict a municipality from passing any ordinance more restrictive than state law if such ordinance is to be applied universally within the municipal borders. However, it does not restrict a municipality from passing and enforcing an ordinance restricting firearms within a municipal owned property only. Just as an individual property owner has the right to post their property under the guidelines of the law, a municipality may adopt restrictions for municipal property as well. Based on the uses of these parks, the County determined that these restrictions were in the best interest of the public utilizing the facilities within our Parks. Though you may disagree with this decision, I hope this answers your questions regarding the ordinances.



Lisa L. Cessna

Executive Director

Washington County Planning Commission

[Curmudgeon]

I guess you could ask her to cite where the UFA specifically states what she claims it does.

It sounds like they are taking quite a few liberties with the "in any way" phrasing.

OC BBQ anyone?


Bonus points for inviting the media, Ms. Cessna, and several members of the local police dept.
.

[4070BN]

I was thinking a nice orderly attendance of their next County Counsel meeting. Hand deliver some literature and have a rational discussion.

I'm currently drafting a response to her statements. Something nice but straight forward. I'm still looking up preemption victories to add. I'm having difficulty getting the links to post here but they work in the email. See KCR121 post on page 2.

Lisa,


I believe your interpretation of the law is incorrect.


(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.

Some examples of the law being recognized and the rules being amended to comply with state law.

Newtown Township (Bucks County) Preemption Violation

Bucks County Parks and Recreation Preemption Violation

New Britain Township (Bucks County) Preemption Violation

Lower Southampton Township Preemption Violation



I would like to know when the next County Commissioners meeting will be held? I believe that their may be few people who would like to attend and discuss this issue.

Thanks,

Jim

[renegadephoenix]

Why bother? I am not trying to sound smart or anything...I am actually asking, why do you want to try and change this? Some here would tell you that making a big deal out of it will only make things worse. (Sounds like Liberal mischief to me...(Treebeard)). I believe that if we let governments do this, it strips us all of our rights. I tried to fight this kind of stuff only to be berated...I don't think I am the right person to "fight the good fight". I get stage fright and anxiety too bad to be any good at it (which I don't believe is reconized here)....From now on my sister's hubby acts in my stead. I forward all preemptions I find to him and we both go to town meetings and present our findings. He is slicker than oiled glass at it... I protect my family with my arm-of-fire and try to make sure others have the ability to do the same.

i've already fought this fight for you back in 2010, got the county ordinance changed in one meeting of the commisioners and had the Brady Bunch and CeasfirePA there fighting me the whole way

[renegadephoenix]

I was thinking a nice orderly attendance of their next County Counsel meeting. Hand deliver some literature and have a rational discussion.

I'm currently drafting a response to her statements. Something nice but straight forward. I'm still looking up preemption victories to add. I'm having difficulty getting the links to post here but they work in the email. See KCR121 post on page 2.

Lisa,


I believe your interpretation of the law is incorrect.


(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.

Some examples of the law being recognized and the rules being amended to comply with state law.

Newtown Township (Bucks County) Preemption Violation

Bucks County Parks and Recreation Preemption Violation

New Britain Township (Bucks County) Preemption Violation

Lower Southampton Township Preemption Violation



I would like to know when the next County Commissioners meeting will be held? I believe that their may be few people who would like to attend and discuss this issue.

Thanks,

Jim

Jim, have you contacted Firearms Owners Against Crime yet? they were very helpful to me when i overturned the same ordinace in Westmoreland county

[IronSight]

Just received this email. I'll post it and let someone with more legal knowledge send their input.

I was out of the office last week when you emailed Kevin Garrison regarding the ordinance prohibiting firearms in Mingo and Ten Mile Parks so I apologize for the delayed response. Nevertheless, this issue has been questioned and researched in the past. The Uniform Firearms Act does restrict a municipality from passing any ordinance more restrictive than state law if such ordinance is to be applied universally within the municipal borders. However, it does not restrict a municipality from passing and enforcing an ordinance restricting firearms within a municipal owned property only. Just as an individual property owner has the right to post their property under the guidelines of the law, a municipality may adopt restrictions for municipal property as well. Based on the uses of these parks, the County determined that these restrictions were in the best interest of the public utilizing the facilities within our Parks. Though you may disagree with this decision, I hope this answers your questions regarding the ordinances.



Lisa L. Cessna

Executive Director

Washington County Planning Commission

Flat-out nonsense. If I were to be in the area at any time I would openly defy that restriction.

They have no authority for that restriction, the UFA does not grant any exception to preemption for ordinances that only deal with municipal propery.

If anyone remembers this: http://forum.pafoa.org/pennsylvania-...-building.html

That's a case of a former State rep who helped pass such a regulation, only to overturn it in a months time and to get kicked out of office that fall thanks to quite a few people on here.

If the UFA granted them any authority on the matter i wonder why he seemed so nervous when I met with him after it was passed. I'm not that scary looking after all.

The opinion that municpal property is somehow exempted from preemption is absurd.

[fragmag]

I guess you could ask her to cite where the UFA specifically states what she claims it does.

It sounds like they are taking quite a few liberties with the "in any way" phrasing.

OC BBQ anyone?


Bonus points for inviting the media, Ms. Cessna, and several members of the local police dept.
.

Finally something in my area! I will most certainly attend something like. Just don't schedule it while I have to work.

I was thinking a nice orderly attendance of their next County Counsel meeting. Hand deliver some literature and have a rational discussion.

I'll be in for that!

[4070BN]

Finally something in my area! I will most certainly attend something like. Just don't schedule it while I have to work.

Depending on the response I get from the FOAC, I may try to get a group together to attend a Commissioners meeting. Stay tuned.

[Statkowski]

Indiana County had one like that for Blue Spruce County Park. A letter to the County Commissioner solved that problem.

You'd think Washington County would be more pro-gun.