Cumru Township, Berks County

[Statkowski]

The township's codified ordinances can be found here.

This is what the website version states:

Part 2
Protected Areas
§201. Title. The within ordinance shall be known as the "Cumru Township Protected Areas Ordinance." (Ord. 466, 3/20/1990, §1)
§202. Definitions. The following words and phrases, when used in this Part, shall have the meanings given to them in this Section, unless the context clearly indicates otherwise. Any word or phrase used in this Part which is not defined in this Section shall have the meaning or meanings commonly ascribed to such word or phrase.
MUNICIPALITY - the Township of Cumru, Berks County, Pa.
PERSON - any individual, partnership, corporation, association or institution. The singular shall include the plural. In any provision of this Part prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officer and directors of any corporation or other legal entity having officers and directors.
PA GAME AND WILDLIFE CODE - 34 Pa. C.S.A. sec. 101, et seq.; 1986, July 8, P.L. 442, No. 93, Sec. 1 et seq., as amended.
PROTECTED AREA - any area which lies within one hundred fifty (150) yards around, or any area which is lower than the highest point of, any dwelling house, residence, school, church, or other building, camp or playground occupied by, or intended to be occupied by, human beings, or of any barn, stable, or other out-building used in connection with such principal use or purpose. (Ord. 466, 3/20/1990, §2)
§203. Use of Firearms Prohibited. Within the territorial limits of the Township of Cumru, Berks County, Pennsylvania, no person, except as herein provided in §104 of this Part, shall discharge any firearm within or through any protected area, as defined in §102 of the within ordinance, without the advance, written permission of the person or persons lawfully occupying such protected area. (Ord. 466, 3/20/1990, §3)
§204. Use of Firearms Establishes Prima Facie Evidence. The possession within a protected area of the Township of a loaded firearm, whether the round therefor is in the chamber or the magazine of the firearm shall constitute prima facie evidence of the discharge of such firearm within the said protected area. (Ord. 466, 3/20/1990, §4)
§205. Exceptions. The restrictions hereinbefore set forth in §103 of this Part, and the presumption set forth in §104 of this Part, shall not beapplicable to:
1. Any person or persons lawfully occupying the protected area in which the discharge of any firearm takes place by such person or persons, provided that said area is not also situate within a protected area of which the person or persons discharging any firearm are not the lawful occupant or occupants.
2. Any law enforcement personnel acting in the performance of their duties and/or responsibilities.
3. Any person or persons lawfully using controlled firing ranges, which firing ranges were lawfully operated within the Township prior to the adoption of this Part; and
4. Any person or persons who, at the time of discharge of any firearm within a protected area, are subject to, and are regulated by, the "safety zone" provisions of the Pa. Game and Wildlife Code, as set forth in 34 Pa. C.S.A. §2505; 1986, July 8, P.L. 442, No. 93, §1; 1988, Nov. 25, P.L. 1082, No. 125, §2.
(Ord. 466, 3/20/1990, §5)
§206. Penalties. Any person who shall violate any of the terms of this Part, upon summary conviction thereof before a district justice, shall be sentenced to pay a fine of not more than six hundred ($600.00) dollars and costs of prosecution, or in default thereof to undergo imprisonment for not more than ten (10) days. The minimum sentence, upon conviction, for the first offense within a one year period, shall be two hundred ($200.00) dollars, and costs of prosecution; and, for a second offense within such period, three hundred ($300.00) dollars and costs. (Ord. 466, 3/20/1990, §6)

First off, you'll note that this is their Ordinance No. 466 dated 3/20/1990. Between then and now the Uniform Firearms Act was passed, and the Pennsylvania had two cases concerning the carrying of firearms.

Note their interesting definition of a Protected Area - anything within 450 feet of virtually any building in the township. And "proof" of illegally discharging a firearm within said "protected area" is possession of the firearm, fired or not.

Cumru Township clearly needs to update/amend its ordinance.

[knight0334]

If they strike that portion out, it'd passed the UFA test. I'm sure there are plenty of municipalities out there with old laws on the books that haven't been updated.

[Capnswervon]

Very Interesting seeing as I am sitting smack dab in the middle of Cumru Township......huh!!

Thanks for the info guys!

The Capn'

[Statkowski]

Okay, Capnswervon, since you are a resident of the township, the task now falls on you to get your township's ordinance fixed. You alone have more standing that us outsiders.

Remove §204 since, as worded, it violates due process.

Amend §205 to include an exception for protection of one's life (or another's life).

Also add an exception to §205 for the lawful carrying of a firearm not in conflict with the Uniform Firearms Act, Article 1, Section 21 of the Pennsylvania State Constitution, or the subsequent rulings of the Pennsylvania Supreme Court (Commonwealth v. Hawkins and Ortiz v. Commonwealth).