Montgomery county Permit to carry concealed not valid in Montgomery County parks.

[bean610]

This one gets me. Montgomery County issues a permit to carry a concealed weapon, but it is not valid in Montgomery County parks. Rule No. 2 under Rules and Regulations (county parks) states "No person shall possess or transport fireworks, firearms, BB guns .... Like there are never any criminals in the county parks that may try to harm innocent people. Lately there was a case where a person with a permit took the law into his own hands and fired at some presumably innocent people. The sheriff if going to revoke his permit because he broke the park rule. I believe that is not the reason his permit should be revoked. I believe the sheriff should make a criminal charge against the person and that would be the reason for the permit to be revoked.
I admit that I have not heard all the facts in the case, only what was in the paper, but I think that a permit issued by Montgomery County should be valid in all Montgomery County, the exceptions being Federal property and State property.
I wonder what this will stir up.

[HiredGoon]

Title 18: Crimes and Offenses

Chapter 61: Firearms and Other Dangerous Articles

Subchapter A: Uniform Firearms Act

Section 6120: Limitation on the regulation of firearms and ammunition.

(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.

A useful thread: http://forum.pafoa.org/pennsylvania-...violation.html (How can I change a preemption violation?).

[normanvin]

Originally Posted by HiredGoon

A useful thread: http://forum.pafoa.org/pennsylvania-...violation.html (How can I change a preemption violation?).

What he said.

[Curmudgeon]

You may also wish to join these discussions, already in progress...

http://forum.pafoa.org/pennsylvania-...ail-fears.html (Bike trail of fears.)

http://forum.pafoa.org/concealed-ope...ry-county.html (Wrote a letter to Inquirer reporter regarding trail incident in Montgomery County)

http://forum.pafoa.org/concealed-open-carry-121/66745-sheriff-no-carry-park.html (closed thread)

[gnbrotz]

Actually, it is Rule #2 that is not valid.

[lcompton]

Good evening.

Originally Posted by bean610

This one gets me. Montgomery County issues a permit to carry a concealed weapon, but it is not valid in Montgomery County parks. Rule No. 2 under Rules and Regulations (county parks) states "No person shall possess or transport fireworks, firearms, BB guns...<snip>

This has bothered me for years, but I don't know how we can go about correcting the wrong. The Montgomery County Parks rule prohibiting firearms is a violation of the Commonwealth's preemption law.

I'm not a MontCo resident, but I do ride the Perkiomen Trail (from the Pawlings Road trailhead to Green Lane (near Seneca Arms), which is 20 miles each way) every Saturday. I don't carry on the trail, but I admit that I have often thought about doing so in spite of the park rule.

The ideal solution is to force the county to remove this restriction since it is unlawful. Does anyone have any ideas on how we can go about this. I don't know how much weight my vote will carry since I live in ChesCo.

[exceltoexcel]

SAVE THAT PAPER.! I want it! I'll pm you tomorrow to see if you can get it to me! I've been wanting to address that issue with that sheriff for a long time!

Your licence is good throughout PA and several other states and the park rule is a criminal act by the legistlature! Your licence is not limited to Montgomery county!

[exceltoexcel]

Anyone that is serious about stopping this criminal activity can show up at the legislature and state the case. I've done this for a while with limerick township and we resently had a picnic where almost all of us open carried in full view of officers dispite the illegal criminal law limerick has on it books. Search for limerick violates preemption thread for more info

[lcompton]

Good morning.

Okay, I just sent this e-mail to Rich Wood, who is listed as the Regional Trails Manager on the MontCo Parks web-site.

Good morning, Rich.

I am writing to you as a regular Perkiomen Trail bicyclist. Every Saturday, weather permitting, I bicycle the Perkiomen Trail from the Pawlings Road trailhead to Green Lane (about 20 miles each way.)

It has troubled me for sometime that the Montgomery County Parks signs posted at various points along the trail (see attached) include a rule (number two) prohibiting possession of firearms. It happens that I am licensed to carry a concealed firearm and prefer to do so; especially, when bicycling alone on the Perkiomen Trail. I’m sure this has been pointed out in the past, but your firearm prohibition is a violation of the Commonwealth’s preemption law as defined in the Uniform Firearms Act (Title 18 Chapter 61 Subchapter A § 6120). The specific law reads:

(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.

Since your trail rule number two is unlawful, I would like to know who should be contacted to seek removal of this unlawful rule so law-abiding citizens are not mislead about their legal right to lawfully carry firearms for self-defense when utilizing trails.

Thank you,

<signature>

I'll share with the group whatever response I receive.

[lcompton]

Good morning.

I just read the sheriff's press release regarding that trail shooting a couple of weeks ago. Check out this excerpt from the sheriff's statement:

Sheriff Durante once again reminds the public that carrying a firearm on the trail or in any county park, regardless of whether or not one has a concealed carry permit, is illegal and a violation of the rules and regulations of the Montgomery County park system. Anyone caught in possession of a firearm in violation of these rules and regulations will immediately lose their concealed carry permit and will be turned over to the Montgomery County District Attorney’s Office for prosecution.

Maybe, it's me, but I don't see how the sheriff can make a statement like this when it is factually false and the policy is a violation of the Commonwealth's preemption law under the Uniform Firearms Act.

Am I missing something?