Municipalities in violation of §6120 (Preemption)

[gnbrotz]

Athens Township (Bradford county)
Status: Currently in place. No known incidents where it was enforced.
Enacted on:

116 116a Ex A Rules and Regs

12. The carrying or discharging of any firearms, slingshots, firecrackers, fireworks, other missile-propelling instruments or explosives or arrows or other dangerous weapons having properties as to cause annoyance or injury to any person in the park is prohibited without the prior approval of the Recreation Board or unless such person possesses a valid hunting license and is hunting with firearms or bow during regularly scheduled Pennsylvania hunting season.

[shefearsnothing]

Township of Brighton, Pa (Beaver County)
Status: Currently in place. No known incidents where it was enforced.
Enacted on:

§ 133-2

(19) Carrying or discharging any firecrackers, fireworks or other missile propelling instruments or explosives or other dangerous weapons which have such properties as to cause annoyance or injury to any person or property.

[shefearsnothing]

Borough of Brookville, Pa (Jefferson County)
Status: Currently in place. No known incidents where it was enforced.
Enacted on:

§ 148-2

I. No person, other than an officer of the law, shall carry any firearm within the limits of the Park, nor shall any person engage in hunting within the Park.

[dgood71]

Upper Allen Township, Cumberland County
Status: Currently in place. No known incidents where it was enforced.
Enacted: 11-12-1975

Article 1, §175-6 F. of Ordinance 222 lists restricted acts in township parks: “Carry or discharge firearms, an air rifle, an air pistol, fireworks (including rockets), a slingshot or a bow and arrow.”

I've written a letter to the township commissioners which I submit here for review:

Dear Commissioner Cochran:

As you may be aware, the Commonwealth’s Uniform Firearms Act (1995) reads as follows:

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 ammuni¬tion components when carried or transported for purposes not prohibited by the laws of this commonwealth.

Upper Allen Township Ordinance 222 dated 11-12-1975 does not comply with the state law mentioned above. Article 1, §175-6 F. of Ordinance 222 states that “Carry or discharge firearms, an air rifle, an air pistol, fireworks (including rockets), a slingshot or a bow and arrow” are restricted acts.

It appears that Ordinance 222 was not corrected when the Pennsylvania Uniform Firearms Act came into being.

Any township ordinance prohibiting the carrying of firearms is unenforceable, null and void since it exceeds the authority of the township commission, and is in violation of state law. Township government may indeed regulate the discharge of firearms, but not the carrying of same. Should a township police officer attempt to “enforce” this ordinance, wrongful arrest and abuse of office charges could be laid on the officer, and civil rights violations be filed against the police officer, the police department and Upper Allen Township.

I would appreciate your prompt action to update Ordinance 222 to remove “carry of a firearm” as a restricted act.

Thank you for your attention to this matter,

Any suggestions? Corrections?

Edited to note that I borrowed liberally from another post on here, gotta give credit where its due...

[Statkowski]

Looks good to me.

[gnbrotz]

Originally Posted by dgood71

Any suggestions?

Send it Certified Mail w/ return receipt (under $6.00). Check their meeting schedule, and if you have received no reply after 30 days, go to a meeting in person, voice your concerns on the record, and ask for a response.

[338winmag]

ok as some of you know i have been fighting with carlisle boro over this for the last year.i have not been able to get any response as of yet from the city counsel.although i did get a very disturbing answer from the carlisle pd.after many unanswered calls i called the office of pat Vance and had them call the carlisle pd.the response they got was this.that yes this law was on the books and will be enforced because city law trumps state and federal law.i shit you not that was the answer i got.i think they need a little wake up call.what do i do next.

[Paradigm]

Originally Posted by 338winmag

i think they need a little wake up call.what do i do next.

OC to the next council meeting.

[338winmag]

Originally Posted by Paradigm

OC to the next council meeting.

oc is not the issue hear the carlisle pd are well aware that oc is legal.

[Statkowski]

Re: Carlisle's ordinance - pay a visit to the county court house and see the court clerk for the Court of Common Pleas. Explain to him/her that the borough has an ordinance in direct violation of a state law and the borough refuses to amend the ordinance. Additionally, the police department has stated they will enforce the ordinance even though they know it is contrary to state law. Ask how to proceed. State that you don't have much money.