Preemption Violation--Tredyffrin Township--Chester County

[GL23]

Discovered a sign at Louis D'Ambrosia Memorial Park stating no firearms allowed. Further research led me to the township code and the following ordinance.

Chapter 138: PARKS AND PLAYGROUNDS
[HISTORY: Adopted by the Board of Supervisors of the Township of Tredyffrin 4-2-1984 by Ord. No. HR-81 (Ch. VI, Art. 2, of the 1979 General Laws of the Municipality of Tredyffrin.) Amendments noted where applicable.]

GENERAL REFERENCES
Park and Recreation Board — See Ch. 35.
Air pollution — See Ch. 64.
Animals — See Ch. 71.
Firearms — See Ch. 108.
Littering — See Ch. 126.
Peace and good order — See Ch. 141.
Peddling and soliciting — See Ch. 143.
Vehicles and traffic — See Ch. 195.

§ 138-1. Title.
This chapter shall be known and may be cited as the "Park Ordinance."

§ 138-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:

HUNTING — Any act or furtherance of the taking or killing of any game or wildlife, or any part or product thereof; stalking, driving, pushing, pursuing, lying in wait, trapping, shooting at, including shooting at game or wildlife facsimile, or wounding with any weapon or implement; or using any personal property, including dogs, or the property of others, of any nature, in furtherance of any of these purposes; or aiding, abetting or conspiring with another person in that purpose. [Added 8-20-2001 by Ord. No. HR-300]

PARK — Includes playgrounds.

§ 138-3. Regulations.
[Amended 10-18-1993 by Ord. No. HR-215; 6-1-1998 by Ord. No. HR-270]

J. No person, other than township active duty police officers employed in the execution of their duties, shall carry or possess or discharge or use firearms or weapons of any type in a township park. [Amended 6-1-1998 by Ord. No. HR-270]

This is a letter being sent out tomorrow to all 7 Tredyffrin Township Supervisors. I will post replies as I receive them. Lets hope this doesn't turn into another Hazle Township case.

September 22, 2008


Dear

I am a resident of Tredyffrin Township and a member of an organization called The Pennsylvania Firearms Owners Association. I would like to bring to the attention of the Tredyffrin Township Board of Supervisors a township ordinance that appears to be in violation of state law. I became aware of this issue when I recently visited Louis D’Ambrosia Park and read the park rules sign posted there.

Further research led me to Chapter 138 of the Township Code, Parks and Playgrounds, Section 3 Regulations, Subsection J, which states the following:

“No person, other than township active duty police officers employed in the execution of their duties, shall carry or possess or discharge or use firearms or weapons of any type in a township park. [Amended 6-1-1998 by Ord. No. HR-270]”

This law is in violation of Title 18, Chapter 61, Subchapter A (otherwise known as The Uniform Firearms Act), specifically §6120 (a) that 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 I quoted was passed in 1995. I am unsure when regulation J was passed. It may have been in place before 1995, explaining why it could have been overlooked. Unfortunately there was no grandfathering of existing limitations when The Uniform Firearms Act was passed. Regulation “J” as it stands today is invalid with regards to the carrying or possessing a firearm in a township park.

I know some people might want to know why someone would want to carry a firearm in a township park. The answer may be as simple as they carry a firearm daily. I know I do. But that question is not really the issue.

The preemption statute I quoted is very important for Pennsylvanians that legally carry a firearm, in that it removes the problem of a traveling citizen running afoul of a myriad of local laws prohibiting where you can and cannot carry a firearm. In other words, licensed or otherwise legal carriers of firearms in Pennsylvania can carry everywhere not prohibited by state or federal law.

Of particular interest to Tredyffrin Township is that since this rule is unenforceable, there could be negative consequences should an unknowing person, or even one choosing to ignore the rule knowing it is null and void, happen to be cited or otherwise confronted. If a police officer were to enforce such rule or ordinance, wrongful arrest and other charges could be laid on the officer, the police department and Tredyffrin Township– not an inexpensive proposition.

I respectfully ask that the Board of Supervisors look into this matter. Please let me know how you and your colleagues will proceed with bringing Tredyffrin Township in compliance with state law. A copy of §6120 is also attached.


Awaiting your response, I remain,

Most respectfully yours,

[Pa. Patriot]

Good job.

Make sure to send it Certified with Return Receipt Requested.

[IV_Warrior]

Good job. Hopefully, they'll take care of it without being forced to do so. Personally, I'd leave the "unfortunately" out of this line:

Unfortunately there was no grandfathering of existing limitations when The Uniform Firearms Act was passed.

as I think it's quite fortunate for us that existing limitations weren't grandfathered.

[normanvin]

Good job. Please keep us posted.

[tdyoung58]

excellent +1

[mjfletcher]

I'd rep ya, but I gotta spread the love first.

[shooter357]

Great letter!! Brought a tear to my eye.

[Mtbkski]

Just realized that this is only post number 17 for you. And your already hot and heavy on the band wagon. I repped you, and would give you more if I could. Apparently you have been lurking and keeping up on what is going on. Nice to have people like you getting on board with the rest of us.

Great Job. Keep it Up.

[ChamberedRound]

Originally Posted by Mtbkski

I repped you, and would give you more if I could.

I'll cover that, rep sent. Welcome to the forum, very nice work. Keep us posted on your progress and any responses you receive.

[bogey1]

tagged......