Municipalities in violation of §6120 (Preemption)

[Statkowski]

Fingers, you might want to do a RTKL request for any correspondence concerning firearms. I wrote to the Ebensburg Borough Council President last year pointing out the illegal part of their parks ordinance. Never received a response.

[t1m0thy]

Originally Posted by Statkowski

Fingers, you might want to do a RTKL request for any correspondence concerning firearms. I wrote to the Ebensburg Borough Council President last year pointing out the illegal part of their parks ordinance. Never received a response.

I live a couple blocks from the borough office. I was going to go in and talk to the mayor and the police chief. One upside in a small town you can just go up and talk to the people in charge. hehe

[fingers80002]

Originally Posted by Statkowski

Fingers, you might want to do a RTKL request for any correspondence concerning firearms. I wrote to the Ebensburg Borough Council President last year pointing out the illegal part of their parks ordinance. Never received a response.

You may want to PM the info to t1mothy, I'm just moral support.......

You can send me the info, also......

[/dev/null]

Someone brought up an article in "Township News" that Laura reached out and was looking for. I got a copy of the magazine from out township supervisor and read the article. Low&Behold within the first couple paragraphs Shefearsnothign is mentioned as an ongoing case (to which townships need to be VERY careful about this type of legislation).

The article clearly spells it out in no uncertain terms that the State has the authority to create firearm legislation, and the ONLY thing that the township can really do is ban discharge (and in parks thats already coved - according to the article)... anything else is a hot potato that could be costly.

Y'all might want to reefer to that article in the Sept 2009 copy of Township News - pg28 and suggest that the supervisors actually read it.

As I dont have permissions (yet) to post the content, Id rather not get into hot water for violating copyright laws.... although Ive already sought permission form the publisher to post this article (well see how that goes).

[Statkowski]

Here's what I wrote to Ebensburg back in January 2008:

http://forum.pafoa.org/pennsylvania-...ordinaces.html (Local Municipality "Codes" and "Ordinaces")

It's #10 on the posting.

[t1m0thy]

Originally Posted by Statkowski

Here's what I wrote to Ebensburg back in January 2008:

http://forum.pafoa.org/pennsylvania-...ordinaces.html (Local Municipality "Codes" and "Ordinaces")

It's #10 on the posting.

Good letter. Maybe showing up in person and being a resident will carry more weight.

Are there by chance any other residents from Ebensburg here? I'm thinking if I get a petition with residents signatures to take with me that will also add to the weight of our request. There is a gentleman in town who owns a six-pack who I know is 2nd amendment friendly and carries. I think I can get him on board to sign a petition and perhaps gather a few signatures.

[Statkowski]

Petitions have no legal weight whatsoever, unless petitioning to get on an election ballot. You can try, it wouldn't hurt, but it may not help at all, not that it matters - the law is on your side.

[t1m0thy]

Originally Posted by Statkowski

Petitions have no legal weight whatsoever, unless petitioning to get on an election ballot. You can try, it wouldn't hurt, but it may not help at all, not that it matters - the law is on your side.

Well, they hold no legal weight but in an election year like this one they hold political weight. Appearing unfriendly to the 2nd amendment would be a bad idea in this area. Showing there is an organized opposition to the ordinance may push the balance in our favor.

[t1m0thy]

I took a look at the form letter gnbrotz had stickied and made my own simplified version. I plan to read this aloud at the council meeting. Let me know what you think or if I need to add or remove anything.

Hello, my name is Tim and I am a resident here in Ebensburg. It has recently come to my attention that two borough ordinances are in violation of the Pennsylvania Uniform Firearms Act. The ordinances state the following:

"[No person in attendance at a park shall]Carry or discharge any firearms, slingshots, firecrackers, fireworks or other missile propelling instruments or explosives or arrows, or other dangerous
weapons which have such properties as to cause annoyance or injury to any
person or property, unless permission has been granted by the Borough
Council in designated areas; police officers in the performance of their duties
will be exempt from these provisions."

they further state:

"Hunt for, capture or kill, or attempt to capture or kill, or aid or assist in the
capturing or killing of, in any manner, any wild bird or wild animal of any
description, either game or otherwise, and to that end, it is unlawful for any
person to carry onto or possess in any park, a shotgun or rifle or pistol or
firearm of any make or kind unless specific permission is granted for a designated
area by authority of the Borough Council."

The Pennsylvania Uniform Firearms Act states:

"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."


The specific language that is in violation is where it references the prohibition of carrying firearms in parks or recreation areas. It being that the Uniform Firearms act was passed in 1995 I am unsure if these ordinances were passed before that time or after. Regardless, there was no grandfathering for such laws provided for in the bill.

As an individual that enjoys the right to carry as provided for in our state laws I find myself in a position where I feel obligated to disclose this information to my local government officials and ask that they rewrite the ordinances in question so that they comply with state mandates concerning the right of citizens to carry firearms. The consequences of inaction on this matter could lead to the unfortunate circumstance of someone being unlawfully arrested for legally carrying a firearm as permitted and protected by state law and result in costly lawsuits for the police department and the borough. I have copies of the aforementioned ordinances as well as copies of the Pennsylvania Uniform Firearms Act so that the members of the council may review the facts for themselves.

I appreciate your time in listening to me and I look forward to swift action on this matter to the benefit of all the citizens of our town. Thank you.

[Statkowski]

Lookin' good!