September 25th, 2008
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Active Member
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Join Date: Sep 2008
Location:
Berwyn,
Pennsylvania
(Chester County)
Posts: 150
Rep Power: 20
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Preemption Violation--West Chester Borough--Chester County
Discovered this ordinance while browsing the Borough Code online tonight.
Quote:
Chapter 78: PARKS AND PLAYGROUNDS
[HISTORY: Adopted by the Council of the Borough of West Chester 5-25-1970 as Ord. No. 11-1970; amended in its entirety 6-17-1992 by Ord. No. 12-1992. Subsequent amendments noted where applicable.]
§ 78-1. Establishment of rules and regulations.
The following rules and regulations are hereby established for the management and protection of parks and playgrounds located within the Borough of West Chester, hereinafter designated "the parks":
A.
B.
C.
......
L. Possession of firearms by any person other than a duly authorized police officer is not permitted.
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This is a letter being sent out tomorrow to all 8 Borough Council members. Since they all list their home addresses on the Borough website, I'm sending them there, certified mail, return receipt. I will post replies as I receive them. Lets hope this doesn't turn into another Hazle Township case.
Quote:
September 25, 2008
Honorable
Dear
I am a member of an organization called The Pennsylvania Firearms Owners Association. I would like to bring to the attention of the Borough Council an ordinance that appears to be in violation of state law. I became aware of this issue while browsing the Borough Code online.
Chapter 78, Parks and Playgrounds, § 78-1 Establishment of rules and regulations, Subsection L, which states the following:
“Possession of firearms by any person other than a duly authorized police officer is not permitted”
This ordinance 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 L 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. Ordinance “L” 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 West Chester Borough 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 West Chester Borough--not an inexpensive proposition.
I respectfully ask that the Borough Council look into this matter. Please let me know how you and your colleagues will proceed with bringing West Chester Borough in compliance with state law. A copy of §6120 is also attached.
Awaiting your response, I remain,
Most respectfully yours,
Cc: Other 7 Members
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Re: Preemption Violation--West Chester Borough--Chester County
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