Municipalities in violation of §6120 (Preemption)

[falcn]

Originally Posted by LittleRedToyota

allegheny county doesn't have a no guns in our parks rule anyway (at least not if you have an LTCF).

I found the county rules wording to be a little ambiguous:

http://forum.pafoa.org/open-carry-14...tml#post787080 (Allegheny County Park - Rules - Does this need challenging?)

[tl_3237]

Directly from the Montgomery County Sheriff.

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. In programs such as the controlled hunts, where firearms are permitted in county parks, the county goes to great lengths to ensure there is proper distance for using firearms and the event is supervised by the Pennsylvania Game Commission, Montgomery County Park Rangers, and Sheriff’s Deputies to protect the safety of other users of the park.

This was originally posted here (Bike trail of fears.) as found by 'anonymouse'. I've taken the liberty in moving it to this thread to increase its exposure.

Its unique in that here is the issuer of LTCFs who reaffirms a preemption violation.

[Statkowski]

Sounds like time for a well-worded letter from a Montgomery County resident to their elected representative in Harrisburg, enclosing a copy of the Sheriff's press release. Ask for assistance in reminding both the Sheriff (press release) and County Commissioners (rules and regulations) that State Law prevails and such actions on their parts is prohibited.

[ccphilly1984]

i'll carry in montco parks... only the bucks county sheriff can take my ltcf away

either that or i'll carry on my utah ccw.

[sdsorrentino]

i sent an email to the MontCo DA

Madam District Attorney,
As a frequent user of the Schuylkill River Trail, I am writing you to ask you about the legal issues of carrying a firearm while in Montgomery County Parks. Sheriff Durante, in his statement posted online here

http://sheriff.montcopa.org/sheriff/...a=1683&q=71877

states

"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."

I have looked on the MontCo website and I cannot locate the County Ordinances to verify that there is in fact an ordinance that makes it illegal to carry a firearm in MontCo parks, so I have no way of knowing if this is true, or if Sheriff Durante simply believes it to be true.

PA's Uniform Firearms Act, located here

http://www.acslpa.org/pa_uniform_firearms_act.htm

makes it pretty clear that Counties, Municipalities, or Townships may not regulate firearms ownership or possession,

TITLE 18
PA CRIMES CODES

§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. l) No right of action.
(1) No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.
(2) Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.
(b) Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Dealer." The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition.
"Firearms." This term shall have the meaning given to it in section 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 6304 (relating to sale and use of air rifles).
"Political subdivision." The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.
(Chgd. by 1.1999, Act 59(7), eff.12/15/99.)

My question to you is, what is the law in Montgomery County? Is there an ordinance on the books in Montgomery County that purports to ban possession of firearms in county parks? If there is, are you aware that it has been pre-empted as of 1999, and are you working to have this law repealed? And finally, have you contacted the Sheriff to advise him that in his statement he has overstepped his authority and he stands in serious legal danger if he attempts to enforce such an illegal law?

Thank you in advance for your prompt response,
Very respectfully,
Sean Sorrentino


Sean Sorrentino
Email:
sean@seansorrentino.com

[dsnover]

Just as an FYI, in the September 2009 edition of PA Township News (A publication that goes to township supervisors and others), there is a 4 page article on 'Gun Laws' Titled: "UNDER THE GUN - Townships' Desire to Ensure Public Safety Can Run Afoul of State Firearms Law".

I'll avoid the whole discussion as to what constitutes 'Public Safety', except to say that what some townships say is 'public safety' and 'gun control' is in direct conflict with what my definitions are. The article was written by Brenda Wilt. It _may_ be available at www.psats.org.

<First Paragraph>

Some Pennsylvania townships have sought to ensure the safety of their officials and residents by prohibiting weapons at township meetings and in township parks, only to find that their gun control ordinances are susceptible to questions of legality and, possibly, lawsuits. There is a lot of confusion about what townships can do when it comes to regulating firearms, so the News took aim at the issue to get some answers.

</First Paragraph>

For the record, I'm a township supervisor in Lehigh Township, and have begun to work towards revising our own township weapons ordinance to bring it in line with the PA UFA Section 6120. My own personal opinion is that a well-armed, well-prepared citizen is a deterrent to crime, and a benefit to society. I have no issues with people being armed in our meetings.

[LittleRedToyota]

Originally Posted by dsnover

There is a lot of confusion about what townships can do when it comes to regulating firearms, so the News took aim at the issue to get some answers.

well, News, then lemme make it real simple for ya:

ya can't do it.

there, simple enough?

[marinakorp]

TE - I sent an on-line notice to the Township in regards to the potential Pre-emption violation, shoring the ordinance...and the State UFA

Here is the response I got from the Township Manager via e-mail yesterday

______________________

With regards to the parks ordinance, our Township Solicitor has advised me that we do need to rework it due to concerns about invalidity.

Thank you for the input.



Tom Scott, AICP

Assistant Manager

Tredyffrin Township

tscott@tredyffrin.org

610.408.3602

[lcompton]

Uwchlan Township, Chester County, Pennsylvania
STATUS: Currently in place. Level of enforcement unknown.
ENACTED: Unknown.

Uwchlan Township's firearms ban in township parks is presently under challenge. You may read the entire thread concerning status and periodic updates here (Yep, I'm Pissed...).

[lcompton]

Good evening.

Originally Posted by dsnover

Just as an FYI, in the September 2009 edition of PA Township News (A publication that goes to township supervisors and others), there is a 4 page article on 'Gun Laws' Titled: "UNDER THE GUN - Townships' Desire to Ensure Public Safety Can Run Afoul of State Firearms Law".

I could not locate a copy of this article at the P.S.A.T.S. web-site or anywhere else on-line.

Is there anyone who is able and willing to scan and send me a copy of this article? There may be some material in the article that I could incorporate into my remarks to the Uwchlan Township Board of Supervisors meeting next Monday, 14 September.