Pennsylvania Firearm Owners Association
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  1. #1
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    Thumbs down Oley Ordinance Passed - Prohibiting Firearms in Township Building

    The 6/19 Reading Eagle noted this ordinance passed:

    http://pa.mypublicnotices.com/Public...e&AdId=1937490

    "LEGAL NOTICE

    NOTICE IS HEREBY GIVEN that the Oley Township Board of Supervisors intends to consider for adoption, at a regular meeting on June 17, 2010 at 7:00 p.m., at the Oley Township Municipal Building, Rose Virginia Road, Oley, Pennsylvania, the following Ordinance:

    ORDINANCE NO. 2010-
    AN ORDINANCE OF OLEY TOWNSHIP, BERKS COUNTY, PENNSYLVANIA, AMENDING CHAPTER 6, CONDUCT, OF THE OLEY TOWNSHIP CODE OF ORDINANCES, TO PROVIDE A NEW PART 5, PROHIBITING THE POSSESSION OF FIREARMS IN THE OLEY TOWNSHIP MUNICIPAL BUILDING OR ANY OF ITS RELATED OFFICES.......

    FIREARMS IN
    MUNICIPAL BUILDING

    §6-501.
    Firearms Prohibited.

    It shall be unlawful for any person to bring into or possess a firearm in the Oley Township Municipal Building, or any of its related offices.

    §6-502.
    Exemptions.

    The provisions of this
    Ordinance shall not apply to any law enforcement officer.

    §6-503.
    Penalties.

    Any person who shall violate any provisions of this Part, upon conviction thereof in an action brought before the District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than One Thousand Dollars ($1,000.00), plus costs, including attorney's fees; and, in default of payment of said fine and costs, to a term of imprisonment not to exceed ninety (90) days.

    SECTION 2. SEVERABILITY. The provisions of this Ordinance are severable. If any sentence, clause, section or part of this Ordinance is, for any reason, found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Ordinance. It is hereby declared to be the intent of the Board of Supervisors of the Township of Oley that this Ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.

    SECTION 3. REPEALER. All Ordinances, or parts of Ordinances, inconsistent with this Ordinance are hereby repealed insofar as they may be inconsistent herewith.

    SECTION 4. EFFECTIVE DATE. This Ordinance, and all of its terms and provisions, shall become effective as provided by law."


    Is a court facility/magistrate office located in the Township Building? If not, who wants to give them a lesson in preemption???

    It appears the Township addy is 1 Rose Virginia Road/
    Mag. Office/Court is listed as 26 Scholl Drive...............


    And what is with the CYA section 2 clause? Are they too lazy, stupid or just smug to confirm laws before they pass their own?
    Last edited by sjohn26; June 19th, 2010 at 08:37 AM.

  2. #2
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    Default Re: Oley Ordinance Passed - Prohibiting Firearms in Township Building

    Yeah...what part of the following is not crystal clear to them????????? :

    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.

  3. #3
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    Default Re: Oley Ordinance Passed - Prohibiting Firearms in Township Building

    The Eagle does not appear to list the COMMUNITY section on line - at least not yet - taken from the 6/19 issue - page B5:

    "We had an incident recently where an individual came into the building to address a protection from abuse complaint filed against him, and he had several weapons in his possession," Police Chief David White said Thursday.


    Foolish supervisors need to hire a knowledgeable attorney when they attempt such rights violations.........luckily Oley is a well-to-do town and may well afford all the lawsuits!


    As an aside - I recall the PFA complaint/order would have precluded that person's ability to possess/carry a firearm???

  4. #4
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    Default Re: Oley Ordinance Passed - Prohibiting Firearms in Township Building

    Quote Originally Posted by sjohn26 View Post
    The Eagle does not appear to list the COMMUNITY section on line - at least not yet - taken from the 6/19 issue - page B5:

    "We had an incident recently where an individual came into the building to address a protection from abuse complaint filed against him, and he had several weapons in his possession," Police Chief David White said Thursday.


    Foolish supervisors need to hire a knowledgeable attorney when they attempt such rights violations.........luckily Oley is a well-to-do town and may well afford all the lawsuits!


    As an aside - I recall the PFA complaint/order would have precluded that person's ability to possess/carry a firearm???
    In part:

    18 Pa.C.S. § 6105: Persons not to possess, use, manufacture, control, sell or transfer firearms

    * (a.1) Penalty.—

    * (2) A person who is the subject of an active protection from abuse order issued pursuant to 23 Pa.C.S. § 6108 (relating to relief), which order provided for the relinquishment of firearms, other weapons or ammunition during the period of time the order is in effect, commits a misdemeanor of the first degree if he intentionally or knowingly fails to relinquish a firearm, other weapon or ammunition to the sheriff as required by the order unless, in lieu of relinquishment, he provides an affidavit which lists the firearms, other weapons or ammunition to the sheriff in accordance with either 23 Pa.C.S. § 6108(a)(7)(i)(B), 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or 6108.3 (relating to relinquishment to third party for safekeeping).

    * (3)(i) A person commits a misdemeanor of the third degree if he intentionally or knowingly accepts possession of a firearm, other weapon or ammunition from a person he knows is the subject of an active protection from abuse order issued pursuant to 23 Pa.C.S. § 6108, which order provided for the relinquishment of the firearm, other weapon or ammunition during the period of time the order is in effect.

  5. #5
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    Default Re: Oley Ordinance Passed - Prohibiting Firearms in Township Building

    Maybe I should write a letter stating that I and my legal representative will be attending thier next township meeting. .

  6. #6
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    Exclamation Re: Oley Ordinance Passed - Prohibiting Firearms in Township Building

    Oley....buncha stubborn Dutchies out in them there parts....

    : )

  7. #7
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    Default Re: Oley Ordinance Passed - Prohibiting Firearms in Township Building

    This seems clearly illegal. There's an argument that as a property owner, they can have "policies" against guns (just like any office building owner or store owner or college can have anti-gun policies that make their property a helpless victim zone), but as soon as they exercise the power of the state and criminalize it, they are in unquestionably preempted territory.

    Banning guns for the law-abiding is poor strategy. I notice that none of these anti-gun satraps disarm their police forces and put up signs saying "our cops can't shoot you, so remember to behave anyway."

    Criminalizing guns anyplace not already covered by state law is beyond the power of local governments.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ungawa's M16A1 is for sale, see the NFA ads! http://forum.pafoa.org/showthread.ph...06#post3835606

  8. #8
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    Default Re: Oley Ordinance Passed - Prohibiting Firearms in Township Building

    Quote Originally Posted by GunLawyer001 View Post
    This seems clearly illegal. There's an argument that as a property owner, they can have "policies" against guns (just like any office building owner or store owner or college can have anti-gun policies that make their property a helpless victim zone), but as soon as they exercise the power of the state and criminalize it, they are in unquestionably preempted territory.

    Banning guns for the law-abiding is poor strategy. I notice that none of these anti-gun satraps disarm their police forces and put up signs saying "our cops can't shoot you, so remember to behave anyway."

    Criminalizing guns anyplace not already covered by state law is beyond the power of local governments.

    What's different between this or a park citation? Both are criminal charges? This sounds like a reversal of opinion?

  9. #9
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    Default Re: Oley Ordinance Passed - Prohibiting Firearms in Township Building

    GL!

    Represent me! I'll give you $2,000 cash (I need a written agreement). $1000 for whatever illegal crap they put on and $1000 for a retainer if such representation is needed. You have to cone with me to the meeting to record the event and give me play by play advice. That is if you can be in the same room with me . I'm serious. Pm me if you're interested in fighting a case like this.

  10. #10
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    Default Re: Oley Ordinance Passed - Prohibiting Firearms in Township Building

    This would be a summary offense...

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