[CLOSED]Municipalities in violation of §6120 (Preemption)[CLOSED]

[Statkowski]

Patton Township (Centre County)
Status: Currently in place. No known incidents where it was enforced.
Enacted: 5/17/1972

Township Code found here: http://www.e-codes.generalcode.com/c...=&maxfiles=999

§ 112-3. Conduct prohibited in parks.

F.Firearms, weapons, etc. No person except a law enforcement officer shall have in his possession, bring into or use in any park, whether carried concealed or carried open, any firearms, slingshots, firecrackers, fireworks or other missile propelling instruments or explosives or arrows (except as allowed in a designated archery area) or other dangerous weapons which have such properties as to cause annoyance or injury to any person or property.

[mauser]

Palmyra Law.

[VariableFeedback]

Warminster Township (Bucks County)
Ordinance 321
Status: Currently in place. No known incidents where it was enforced.
Enacted: ?

Park Regulations:

In the interest of safety, playing of golf, hunting, shooting, trapping, or the carrying of firearms or bows and arrows are not permitted.

Penalties: Any person violating the above rules and convicted may be sentenced to pay a fine of not more than $300.00 and the costs of prosecution, or if in default of payment, be imprisoned for a period not exceeding 30 days

Full Text found here: http://www.warminstertownship.org/recreation/ord321.htm

[VariableFeedback]

Warrington Township (Bucks County)
Parks and Recreation Ordinances
Status: Currently in place. No known incidents where it was enforced.
Enacted: 1996

Park Regulations (Chapter 6 Part 1):

No person shall discharge firearms in a park or playground, nor carry a
firearm without a license to carry a firearm, nor throw stones or other projectiles
therein.

Penalties. Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof in an action brought before a district justice
in the manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a
fine of not more than one thousand dollars ($1,000.00) plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
ninety (90) days. Each day that a violation of this Part continues or
each Section of this Part which shall be found to have been violated shall
constitute a separate offense. [Ord. 98-2]

Full Text found here: http://e-codes.generalcode.com/codes...A\0807-016.pdf

[Statkowski]

The Palmyra Borough resolution concerning carry in their parks may be not be an issue. A resolution by borough council is generally something of an administrative nature; something of a legislative nature would require an ordinance (which is made effective by the mayor's signature). A resolution is generally temporary in nature, and has to be renewed every year (essentially a new resolution), whereas an ordinance is permanent.

Palmyra Borough would be hard pressed in court to show authority and jurisdiction using a resolution against any action concerning a citizen.

[gnbrotz]

Thanks for explaining that difference. I'd think they'd have just as hard of a time showing authority and resolution of an ordinance, given PA's preemption. Your point is certainly worth noting, but I think the fact that any type of control on this issue is asserted is worth listing here, since the standard is regulating "in any manner".

[ccphilly1984]

most of these counties' laws are for their county parks... this is their property and they can ask you to leave if they see that you are carrying, but they can not arrest you for doing so. now if they ask you to leave and you do not, then you are trespassing.

[gnbrotz]

I disagree. If they ask me to leave because I'm carrying, they are "regulating" my possession for a "purpose not prohibited by the laws of this commonwealth". State law prohibits this. Thus, I would argue they cannot ask me to leave a public park for legally carrying a firearm.

[markheck1]

I agree with gnbrotz....this is public land, not private....makes the difference

[ccphilly1984]

the land is owned by the township, it is "public" land, but it is "public invite" to the township owned land... it's kind of iffy... just like they have pubic smoking bans in buildings... the bars are owned, but they are by public invite.