Board of Supervisors
Lower Makefield Township Building
1100 Edgewood Road
Yardley, PA 19067
Gentlemen:
I am writing to bring to the attention of the Lower Makefield Township Board of Supervisors an ordinance of the Township relating to parks and recreation areas that appears to be in violation of state law. The Lower Makefield Township Code, Chapter 141, subsection 26 (a) states the following:
“No person shall…[b]ring into or upon the park system nor have in his or her possession…any revolver, pistol, rifle, shotgun…firearm…or other weapon that discharges projectiles either by air, explosive force or by any other substance.”
It is my belief that this ordinance is in violation of Title 18, section 6120, subsection (a) of the Pennsylvania Consolidated Statutes which states:
“No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms…when carried or transported for purposes not prohibited by the laws of this commonwealth.”
The preemption statute in 18 PA C.S. §6120 (a) was passed in 1995 under the Uniform Firearms Act. It appears that Chapter 141 of the Lower Makefield Township Code was adopted by the Board of Supervisors in April of 1979. However, there was no grandfathering of existing limitations, so in any event, Lower Makefield Township Code §141-26 (a) as it stands today is improper and unenforceable under the laws of the Commonwealth of Pennsylvania.
I respectfully request that that the Lower Makefield Township Board of Supervisors please look into this matter and advise when it has been resolved.
cc: Lower Makefield Township Solicitor David Truelove
cc: Lower Makefield Township Park and Recreation Board