Municipalities in violation of §6120 (Preemption)

[338winmag]

thanks just got a update.after a few calls to senator Vance and rep gabig.i got the chief of police to call me i spoke to him .and i now have their full attention.he is taking this to the solicitor.after i told him that the senators office told me that it was unenforceable he was very willing to help me with this matter ill update as i get the info thanks

[ChamberedRound]

To those interested,

I've updated my post from awhile back on Amity township's ordinances. Some of what I had posted had been restated and updated in newer ordinances. What's in the link below is the latest and up-to-date violations AFAIK:

http://forum.pafoa.org/pennsylvania-...tml#post303234 (Municipalities in violation of §6120 (Preemption))

[338winmag]

just a update and a good one i was able to talk to someone at the local pd last night and was told that the info submitted to the county solicitor was back and that i was rite. it was now being put in to the pd roll call as to ignore the no guns in city parks law because it is a preemption violation. i was very happy with this news to say the least.

[unclesam099]

Springton Manor Farm (Chester County, PA)
Status: Identified 05/30/2009
Enacted On:

4. Trapping, hunting, and /or possession of firearms are not permitted, except under special conditions established by the Department. [Section 9]

Section 9:

SECTION 9. Hunting and Trapping
The Department may set aside areas open to the public for the purpose of regulated hunting and trapping. Such areas will be regulated by the State and Federal laws concerning them, and violation of these regulations will be a direct violation of this section.
No person shall, on County real estate:
A. Trap, hunt or allow dogs or other pets to hunt any wild bird or wild animal except as allowed under special regulated conditions established by the Department.
B. Hunt or pursue any wild bird or wild animal within the park that had been wounded or injured outside the park and had taken refuge within the park, without being accompanied by park system personnel.

In fact, all Chester County Parks are affected since they display the same rules for each park in Chester County: Springton Manor Farm, Nottingham County Park, Hibernia County Park, Warwick County Park, and Black Rock Sanctuary.

[tommy610]

Chester County, PA (all county property, including county parks)
Status: Identified 06/09/2009
Enacted On:

Another section (besides the already quoted section 9) of the "Chester County Real Estate Rules and Regulations" that applies to firearms is this:

SECTION 31. Firearms, hatchets and knives, etc. on county real estate
No person shall:
A. Bring into or upon County real estate, nor have in his or her possession, nor discharge, or set off anywhere upon said properties, a revolver, pistol, shotgun, rifle, air rifle, air gun, water gun, or any gun, rifle, firearm, or bow or other weapon that discharges projectiles either by air, explosive substance or by any other force. Except that this section shall not apply to any deputy sheriff, police officer, peace officer, park employee or other duly appointed law enforcement officer while carrying out the duties and responsibilities of his or her position nor to any person while on or in those areas which may from time to time be designated as hunting areas by the Department or while upon designated target ranges or areas.
B. Possess any type of knife, hatchet or ax unless engaged in camping for an appropriate use.
C. Possess any of the above items in this section; otherwise the park employee or law enforcement officer shall confiscate any article or weapon in the possession of any person which is in violation of this section.

[thundrr1]

Me thinks Middletown, Delco has a problem!!!! This is listed in their "HUNTING IN YOUR COMMUNITY" on line brochure.

2. Can someone be arrested for carrying a gun?
Currently, carrying a firearm in public is not necessarily a violation of the law. All hand guns and short barrel rifles require firearms licenses. Hunting rifles and bows and arrows do not require permits for use or transportation. Under the state game laws, it is unlawful to posses a firearm of any kind in or on any vehicle unless all shells or cartridges have been removed from that firearm. Under the Uniform Firearms Act, the discharge of unlawful firearms is automatically prohibited. Within this category are automatic weapons, sawed-off long guns and unregistered short guns.

http://www.middletowntownship.org/index.asp?Type=B_LIST&SEC={E8B71D2F-8CFE-4122-9C0F-B0B8CB8AC24F}#{E25E06A5-C355-49F6-8337-9A37730732D8}

Check it out,,,, about 3/4 down the page.

My reading of this says they are wrong in assuming that we need a "license". I guess I gotta educate them. LOL ...

Please let me know if I'm wrong in my interpretation of this document.
Thanks,
George

[/dev/null]

Originally Posted by tommy610

Chester County, PA (all county property, including county parks)
Status: Identified 06/09/2009
Enacted On:

Another section (besides the already quoted section 9) of the "Chester County Real Estate Rules and Regulations" that applies to firearms is this:

Looks like a great location for an impromptu July OC event....

Ill look into what parks are around that a group can show up to an have a barbecue / Frisbee / football / soccer afternoon at.

[Statkowski]

Here's the hunting link: http://www.middletowntownship.org/ve...5FC2D55%7D.PDF

Don't know why they included the following response, but it's wrong on so many counts:

2. Can someone be arrested for carrying a gun?

Currently, carrying a firearm in public is not necessarily a violation of the law. All hand guns and short barrel rifles require firearms licenses. Hunting rifles and bows and arrows do not require permits for use or transportation. Under the state game laws, it is unlawful to posses a firearm of any kind in or on any vehicle unless all shells or cartridges have been removed from that firearm. Under the Uniform Firearms Act, the discharge of unlawful firearms is automatically prohibited. Within this category are automatic weapons, sawed-off long guns and unregistered short guns.

Currently, carrying a firearm in public is not necessarily a violation of the law.

I take it the operative word here is "currently"?

All hand guns and short barrel rifles require firearms licenses.

How do I obtain one of these "firearms" licenses?

Under the state game laws, it is unlawful to posses a firearm of any kind in or on any vehicle unless all shells or cartridges have been removed from that firearm.

Rifles and shotguns, but certainly not all firearms.

Under the Uniform Firearms Act, the discharge of unlawful firearms is automatically prohibited.

Possession, yes, but discharge?

Within this category [unlawful firearms?] are automatic weapons, sawed-off long guns and unregistered short guns.

Apparently someone is woefully unaware of the National Firearms Act of 1934, et al. I wonder what the difference is between a "sawed-off long gun" and a "short gun".

[PreserveandProtect]

Originally Posted by gnbrotz

Indiana County Parks:

RESOLVED

See here (Municipalities in violation of §6120 (Preemption)) for details.

This policy is still posted on their website:

Firearms are prohibited, except in areas designated for hunting.

Gen Ruddock is a really good guy, but it seems this didn't trickle down to the parks or at least not to the website (which still lists 2001 as the policy update).

- PP

[Statkowski]

E-mail sent to Gen. Ruddock concerning the disconnect.