Upper Providence preemption violation

[ViperGTS19801]

Was browsing Upper Providence's ordinances this morning after not being allowed to shoot a struck deer in the middle of the road last night, and came across this one.

"§ 120-13
Firearms; fireworks.
No persons, except authorized law enforcement officials, shall carry or use firearms of any kind in a park. The use of fireworks is prohibited in a park, except for displays organized by the Township or any of its instrumentalities."

I used their website to send this note.

To whom it may concern;

I was perusing the Upper Providence codes and regulations website and came across the following:

"§ 120-13
Firearms; fireworks.
No persons, except authorized law enforcement officials, shall carry or use firearms of any kind in a park. The use of fireworks is prohibited in a park, except for displays organized by the Township or any of its instrumentalities."

I wanted to bring to the township's attention that according to "18 Pa.C.S. § 6120: Limitation on the regulation of firearms and ammunition," such an ordinance is illegal and unenforceable. The text of the state law which prohibits it reads as follows:

"(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."

At your earliest convenience, please acknowledge the receipt of this message, as well as any actions that will be taken to rectify this problem. I will follow up in the coming days to ensure delivery of this message.

Thank you for your time,

I really only posted this here as a tracking ticket. Will update when necessary.

[dunno]

Just to be clear, knowing where you live I assume you are talking about Upper Providence in DelCo as opposed to Upper Providence MontCo.

[ViperGTS19801]

Actually, no - this is for Montgomery County.

[Jhaydeno]

Funny, a few years ago I came across a deer/car accident and the policeman asked me to shoot the deer so he didn't have to write a separate report when he discharged his firearm!

Hopefully your local PD learned a lesson last night...