2 Pre-emption violations in Berks

[acosenza2]

I have found 2 pre-emption violations in Berks County. The first one is at the Sovereign Center, Performing Arts Center, and Reading Eagle. I have just sent an email to the Berks County Commissioners and the Solicitor that read as follows

To Whom It May Concern

I am writing today to discuss with you a rule found in the FAQ section of the Sovereign center website, which I have linked here (http://www.sovereigncenter.com/udp.php?id=87#q16)

The section lists items that are prohibited in the Sovereign Center, Sovereign Performing Arts Center, and the Reading Eagle Theater and in that section it lists firearms as a prohibited item.

The website also states that these three facilities are "owned by the Berks County Convention Center Authority, a municipal authority formed by the County of Berks to oversee the recently built Sovereign Center and renovated Sovereign Performing Arts Center, formally the Rajah Shrine Temple.
SMG has been chosen to manage the facilities under the Berks County Convention Center Authority."
(http://www.sovereigncenter.com/udp.php?id=87#q18)

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 (18 Pa C.S. §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.” Because of this, licensed or otherwise legal carriers of firearms in Pennsylvania can carry every place not prohibited by state law.

The preemption statute I quoted was passed in 1995. I am unsure when the rule was established, 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 respectfully request that this rule be changed on the website and any other place that this rule is posted. I also respectfully request that you comply with Pennsylvania State law and stop enforcing this rule at the Sovereign Center, the Sovereign Performing Arts Center, and the Reading Eagle Theater.

I look forward to hearing from you in regards to this matter.

Sincerely,
[NAME, ADDRESS, PHONE, EMAIL]

CC: Alan S. Miller, Esq.

The other one is in Shillington regarding Shillington Memorial Park. The ordinance states

Part 1
Shillington Memorial Park
§16-101. Park Regulations.
From and after the enactment of this Part the following regulations shall be
effective for the proper conduct or behavior when using the facilities of Memorial Park,
including pools, of the Borough of Shillington:
A. Alcoholic beverages shall not be permitted in the park or pool areas at any
time.
B. Trash, garbage and all other litter must be placed in containers provided
for this purpose.
C. No one shall remove, molest, injure or damage anything natural or
physical within the park and pool areas.
D. Motor vehicle operators shall obey posted speed limits and parking
restriction signs, and use only roads and parking areas open to the public for
vehicular traffic.
E. Parking on the greens and planted areas is prohibited unless permission
has been granted by the Chief of Police, Director of Recreation or Pool Manager.
F. The operation of unlicensed motorized vehicles and snowmobiles is
prohibited in the park area.
G. Possession or discharge of any type of firearms, bows and arrows, air guns,
slingshots, air rifles, fireworks, or explosives is prohibited.

§16-102. Penalties.
Any person who shall violate any provision of this Part shall, upon conviction
thereof, be sentenced to pay a fine not exceeding $1,000, costs of prosecution, plus costs
of all damage inflicted on Memorial Park property, and in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days, except than any
person, upon conviction of violating §16-101.O, shall be sentenced to a fine of not less
than $25 in addition to any other penalty specified herein.

Interestingly enough the Berks County Parks and Recreations rules say nothing about possessing firearms, just that they can not be discharged. SO I am not sure whom to contact about the Shillington Parks; Berks County since it is in Berks County, or Shillington, since it seems that it is a Shillington ordinance.

[USMCRich82]

SO I am not sure whom to contact about the Shillington Parks; Berks County since it is in Berks County, or Shillington, since it seems that it is a Shillington ordinance.

Shillington Borough is it's own entity.

Borough of Shillington
P.O. Box 247
2 E. Lancaster Avenue
Shillington, PA 19607

http://www2.co.berks.pa.us/shillington/site/default.asp