Municipalities in violation of §6120 (Preemption)

[yelruh55]

from
http://www.generalcode.com/webcode2.html#penn
If the municipality has a shooting/disharge ordinance, there is a provision to allow for discharge of a firearm to protect human life.

I think all the townships seem to be using a template.

Tredyffrin Twp, Chester County, PA
Chapter 138 - Parks and Playgrounds

J. No person, other than township active duty police officers employed in the execution of their duties, shall carry or possess or discharge or use firearms or weapons of any type in a township park. [Amended 6-1-1998 by Ord. No. HR-270]

West Chester Borough, Chester County, PA
Chapter 78 - Parks and Playgrounds

L. Possession of firearms by any person other than a duly authorized police officer is not permitted.

West Goshen Township, Chester County, PA
Chapter 57 - Parks and Recreation Areas

P. Firearms and certain fireworks prohibited. No person, other than a sworn police officer then on duty and engaged in the performance of his official duties, shall carry or have on or in his possession any firearm within the limits of the parks. No person shall fire, discharge or set off any fireworks or firecrackers of any nature whatsoever; provided, however, that special fireworks displays may be given under the auspices and direction of the township or upon issuance of a special permit by the Township Manager to a person authorized by state law to conduct such display, under and subject to such rules and regulations as the Park and Recreation Board shall attach to any such activity.

[PisnNapalm]

Add East Vincent Township to the list. I was at the local park this evening and decided to check out the posted sign.

http://www.pisnnapalm.com/EVTpark_sign.jpg

Sure enough... Rule 7. No firearms, fireworks, explosives, or weapons.

Do we have a "form letter" I can send to the township? I'm going to search the forum in a bit. Right now I need food.

[gnbrotz]

Originally Posted by PisnNapalm

Add East Vincent Township to the list. I was at the local park this evening and decided to check out the posted sign.

http://www.pisnnapalm.com/EVTpark_sign.jpg

Sure enough... Rule 7. No firearms, fireworks, explosives, or weapons.

Do we have a "form letter" I can send to the township? I'm going to search the forum in a bit. Right now I need food.

There's a great example here. Modify as necessary to fit your situation.

[PisnNapalm]

This is the letter I mailed off to the township. Thanks for your help Greg.

To whom this may concern,

I am writing to alert you that the rules and regulations (posted both at the park and on the www.eastvincent.org website) are in conflict with the Commonwealth of Pennsylvania’s Uniform Firearms Act (1995).

Specifically statute:: 18 Pa. C.S. §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.

Rule #7, as posted on the signs at the park, and rule #10, as posted on the website, are unenforceable. The township may regulate the discharge of firearms but it has no authority to prohibit or limit the lawful carrying of firearms for self defense.

Should an officer choose to enforce this regulation, the officer and township could be facing a lawsuit for wrongful arrest, official oppression, and even civil rights violations. It could be an expensive proposition for the township and the police department.

I'm assuming this was simply an oversight and that steps will be taken to rectify the problem. I would appreciate that this message be forwarded to Solicitor Stuart N. Cohen, and request a formal response from him clarifying the township's position on this rule and it's clear conflict with state law.

Sincerely,

[Statkowski]

...clarifying the township's position on this rule and it's clear conflict with state law.

NO APOSTROPHE! Please note that the possessive form of it does not take an apostrophe any more than ours, yours or hers do. (Preceding quoute courtesy of the Apostrophe Protection Society, http://www.apostrophe.fsnet.co.uk/)

Other than that, excellent letter.

[PisnNapalm]

Originally Posted by Statkowski

NO APOSTROPHE! Please note that the possessive form of it does not take an apostrophe any more than ours, yours or hers do. (Preceding quoute courtesy of the Apostrophe Protection Society, http://www.apostrophe.fsnet.co.uk/)

Other than that, excellent letter.

I do believe that Greg added that last sentence.

[gnbrotz]

Originally Posted by Statkowski

NO APOSTROPHE! Please note that the possessive form of it does not take an apostrophe any more than ours, yours or hers do. (Preceding quoute courtesy of the Apostrophe Protection Society, http://www.apostrophe.fsnet.co.uk/)

Other than that, excellent letter.

Originally Posted by PisnNapalm

I do believe that Greg added that last sentence.

Guilty as charged.

Henry, I must say that I appreciate very much your education on these minor points. I generally think I do a pretty go job composing, but do get annoyed when others make such simple mistakes. As such, I'm happy to be corrected when necessary. I think it's especially important when undertaking efforts like these to be perfect in our approach. Some of the responses I've seen from various police and local government officials make me shudder. I think it speaks volumes about their professionalism (and perhaps even their level of education).

[PisnNapalm]

Like Greg, I too AM anal about spelling and punctuation. I'll run any further letters by you as well.

[gnbrotz]

Originally Posted by PisnNapalm

Like Greg, I too an anal about spelling and punctuation. I'll run any further letters by you as well.

Find your mistake yet?

[Statkowski]

I found it, but I'm not telling.

Yes, when writing to our government officials, and also newspapers, we must be extra careful on spelling, punctuation and grammar. The littlest mistake and the anti people will immediately focus on that and write us off as backwoods gun nuts.