Question about OC/CC at township parks

[Malanthor]

I live really close to Manhiem township parks. I know they have a rule about not haveing firearms in the parks and that this is a premption violation.

My question is if i decide to carry at the parks OC/CC can they still ask me to leave? who has the authority to ask me to leave the park? How much trouble can in get into if asked to leave a public park and i refuse to go?

I want to be able to visit these parks and ride my bicycle or go for walks with the family. I do not want to go unprotected. I know that CC would be best so no one knows about it but i do prefer to OC if I can.

Let me know what you guys think about this. Thanks.

[PA-Joe]

Let's see:

1. They can tell you to leave.
2. They can arrest you.

If they arrest you they will take you firearm and make you prove that you own it. They will also set a date for your hearing. You will need to post bail and get a lawer and defend yourself. You will win and can then file a suit against all those involved in your illegal arrest.

Or

You can send the Parks Department a letter explaining that their rules are in violation of the PA Constitution and demand that they change the rules and signs.

Sample letters can be found on this page.

[Paradigm]

If it is written into an ordinance, they can arrest and/or fine you. At this point, you either be an obedient servant and pay the fine or you get a lawyer and sue the pants off them.


If it's just written on a sign somewhere, they could try to arrest you, but they wouldn't have any "law" on which to base the arrest. Your lawyer will have a field day with that.


Send a letter to the township supervisors and solicitor and let them know of the violation. I'd bet big money that they didn't even know about it.

[Malanthor]

I am pretty sure other from this forum have informed Manhiem of there violation. here is a link to that thread and page with Manhiem Township info.

http://forum.pafoa.org/pennsylvania-...on-page-6.html (Municipalities in violation of §6120 (Preemption))

I am just not sure I am willing to become there guinea pig to find out how far they will go to push this illegal ordinance. but you never know.

[Statkowski]

Hmmm, let's see - for merely open carrying and not otherwise misbehaving:
1. They can tell you to leave.
2. They can arrest you.

Well, they can't legally tell you to leave if it's a public park and you're not violating any of the park's legal rules and regulations. Merely OCing is not considered disorderly conduct, nor is it terroristic threatening. It's perfectly legal behaviour.

If they arrest you for merely OCing, or they arrest you for refusing to leave because you're OCing, I'm sure there's an attorney or two readily available via this website to sue their pants off.

[mrjam2jab]

bumping this as i was about to ask the same question.

Falls Township is having a "Family Fest" at its park Sat eve. Should i swing by beforehand and check the sign, and if "prohibited" send a letter to Falls Twnshp? Or just go ahead and attend the event and see what happens? If the ordinance is not legal, they can still arrest for it?

[zackattack784]

Originally Posted by mrjam2jab

bumping this as i was about to ask the same question.

Falls Township is having a "Family Fest" at its park Sat eve. Should i swing by beforehand and check the sign, and if "prohibited" send a letter to Falls Twnshp? Or just go ahead and attend the event and see what happens? If the ordinance is not legal, they can still arrest for it?

Why waste your time stopping by. YOU know it is legal to carry so why waste the time and money to go check out a silly sign? Can they arrest you? Sure, a cop can arrest you for ANYTHING. That doesn't mean the arrest is lawful and you're sure to get a nice settlement in a civil suit if they choose to unlawfully arrest you.

[Paradigm]

After talking to a lawyer friend about local gun laws, he noted that the police are compelled to follow state law OVER local law. They take an oath to uphold and defend the state constitution, not local regulations. If there is a conflict, they are supposed to follow the state laws.

Of course, this doesn't always work in practice...

[mrjam2jab]

Gonna print out a copy of 6120 to carry along with my PAOC flyer...and see what happens...

[keystoneman 85]

I live down the road from you and got Warwick Township/Lititz Boro to change their rules.

See my thread and ask any questions ya want ...
http://forum.pafoa.org/open-carry-14...ark-rules.html (UPDATED w/ pics: Full Story - Success With Township Park Rules)