Preemption Violation Elizabethtown Borough

[powderkegg]

I happened across this sign the other day. I sent the Borough Manager the following e-mail but have received no response. I will give them until Monday until I address this issue with them in person, whether that is a meeting with the Borough Manager or an appearance at a Brorough Council meeting. I may need some help, but we'll see how it goes.

Dear Ms. Ryan,

Good afternoon, My name is {powderkegg} and I am a resident of Elizabethtown Borough. I am writing this email to bring to the attention of the the Borough Council and yourself of a Elizabethtown Borough Community Park ordinance that appears to be in violation of state law. The second rule on the sign posted at the park area off of Verdant Alley states "Firearms and other weapons are prohibited." I have included a picture of the sign with this correspondence. I have also found that the ordinance posted on the Elizabethtown Borough website http://www.etownonline.com/Ordinance...egulations.pdf is also in voilation of the state law as well

It is my understanding that the firearms prohibition portion of this rule is in violation of Title 18, Chapter 61, subchapter A (otherwise known as The Uniform Firearms Act) specifically subsection 6120 which states: "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.”

The preemption statute I quoted was passed in 1995. I am unsure when the Elizabethtown Borough Community Park rules were created, and understand that it may have been in place before 1995, explaining why it may have been overlooked. However, there was no grandfathering of existing limitations, so in any event, the rule as it stands today is improper.

I know some people might want to know why someone would want to carry a firearm in the Elizabethtown Borough Community Park, and the answer may be as simple as they carry a firearm daily. But that question is not really the issue. The preemption statute I quoted is very important for Pennsylvanians that legally carry a firearm in that it removes the problem of a traveling citizen of running afoul of a myriad of local laws prohibiting where you can and can not carry a firearm. In other words, licensed or otherwise legal carriers of firearms in Pennsylvania can carry everyplace not prohibited by state law.

Of particular interest to the Elizabethtown Borough Council is that since this rule is unenforceable, there could be negative consequences should an unknowing person, or even one choosing to ignore the rule knowing it is null and void happen to be cited or otherwise confronted. If a police officer were to “enforce” such rule or ordinance, wrongful arrest and abuse of office charges could be laid on the officer, the police department and the borough – not an inexpensive proposition.

This email was in regards to the sign posted off of Verdant Alley however I would think it also applies to all other Borough parks as well
I respectfully ask that the Elizabethtown Borough Manager and Elizabethtown Borough Council please look into this matter. I thank you all for your time and look forward to your follow up on this request.

Respectfully,

Powderkegg

[t1m0thy]

Follow it up by going to the next borough meeting. Go get 'em.

[phillykev]

I noticed you redacted your real name and replaced with your screen name. If you wish to remain anonymous, may want to remove the link to your FB profile as well.

[powderkegg]

I saw that, and decided it doesn't really matter. It's going to be public when I go to the meeting.

[t1m0thy]

I saw that, and decided it doesn't really matter. It's going to be public when I go to the meeting.

Be sure to post a date and time for the meeting. I am sure some here that live close by will be willing to attend with you.

[scott_hess556]

My names is completly anonomouse lol,

powder keg I like how you stated off blowing sunshine up there ass then toward the end replaced it with your foot. lol that was awsome. I bet whoever read it had a cold sweat by the end lol awsome job

[powderkegg]

Two things....

Although I edited the letter for this particular use, I cannot claim credit for authoring it. I copied from the Lower Paxton thread. Why reinvent the wheel?

and secondly:

ELIZABETHTOWN BOROUGH

2010 MEETING SCHEDULE

The meeting dates for the Elizabethtown Borough Council and its various boards and commissions for calendar year 2010 are a listed below:

(a) Borough Council: Regular meeting on the third Thursday of each month at 7:00 PM. Work session on the first Thursday of each month at 7:00 PM. Borough Council may conduct any or all business at either of these scheduled meetings.

I will post the date when I have confirmed that I am on the agenda.

[rovert97]

nice job, keep it up.

[gnbrotz]

powder keg I like how you stated off blowing sunshine up there ass then toward the end replaced it with your foot. lol that was awsome. I bet whoever read it had a cold sweat by the end lol awsome job

Two things....

Although I edited the letter for this particular use, I cannot claim credit for authoring it. I copied from the Lower Paxton thread. Why reinvent the wheel?

It is an awesome composition, now isn't it?

http://forum.pafoa.org/387141-post-2.html

[Statkowski]

Don't forget to OPEN CARRY when attending their meeting.