FOAC sent letters to Centre Co Solicitors on preemption. (video link added)

[B2Luv2Hunt]

t1m0thy, my wife and I went to the Centre Co commissioners meeting Feb 8th. Letters were sent to all the Solicitors in Centre Co about preemption laws. This was in the CDT.

Local gun controls are not protected
Anne Danahy adanahy@centredaily.com
February 9, 2011 12:34am EST

BELLEFONTE — If you pack a firearm in Pennsylvania, local governments can’t tell you where it is and isn’t allowed.

That’s the message Firearms Owners Against Crime, a Pennsylvania political action committee, is delivering to Centre

County government and municipalities.

“Certain communities in Centre County have laws in place that restrict the right to carry a firearm in violation of state law,” Tim Havener, president of the group’s central chapter, said at the county commissioners’ meeting Tuesday.

“You are not permitted to carry a firearm wherever state law prohibits, but no local government can pass a law prohibiting a citizen from carrying a firearm where state law doesn’t prohibit it,” Havener said.

He said that means that the ordinances in State College and Bellefonte and College, Ferguson and Patton townships violate the law. The PAC has sent those municipalities letters letting them know the group believes their rules violate Pennsylvania law. Havener said the PAC is trying to educate the public and municipalities and make sure firearms owners’ rights are protected.

Havener said the letters were sent to the municipalities’ attorneys about a week ago. Some of the municipal ordinances cover what’s not allowed in parks, such as being intoxicated,

using snowmobiles or any other vehicle except on designated roads, and carrying firearms or weapons.

College Township attorney Louis Glantz said the same issue was raised three years ago. That township has an ordinance covering parks and recreation, but that ordinance also says that any act that’s prohibited is lawful if it complies “with the provisions of a permit and to the extent authorized thereby.”

“Unfortunately, if somebody wanted to walk through a park with a shotgun there’s not much the police could do,” Glantz said. “To the best of my knowledge, there has not been an incident that required any enforcement.”

The letter from the Firearms Owners Against Crime points to the state Crimes Code and the 1996 Supreme Court decision on municipalities’ oversight of gun regulation. In that case the court ruled that the General Assembly, not local government, has oversight of firearms.

Centre County Sheriff Denny Nau agreed that the state Crimes Code said local governments can’t regulate firearms.

He said there are some places where firearms are not allowed, such as courthouses and federal buildings. Private landowners can also post signs saying “no firearms allowed,” but municipalities can’t do that.

“A lot of people don’t know we have an open carry law, which means anyone can walk all around God’s creation with their gun out,” he said.

Gun owners who carry a covered firearm have to get a license to carry a concealed firearm.

Havener noted that it’s the position of the state Attorney General’s Office as well.

“It’s pretty clear cut,” he said. “There’s not really room for interpretation.”

Havener said if someone is prosecuted for violating one of the local regulations, he could lose the right to own a firearm. If the law is found to be invalid, that person could sue the municipality, costing taxpayers money.

“So there’s not only a risk to gun owners, but there’s also a risk to communities with these laws being enforced,” Havener said.

Commissioner Steve Dershem said many of the ordinances may have been passed before the mid-90s, and all municipalities might not be aware of the law.

“I think it’s important that the municipalities take a look at it and make sure they’re in compliance with the state laws,” he said.




http://www.centredaily.com/2011/02/0...protected.html

http://cnet.pegcentral.com/player.ph...77e348b8327c62

[USMCRich82]

Commissioner Steve Dershem said many of the ordinances may have been passed before the mid-90s, and all municipalities might not be aware of the law.

Last time I checked, ignorance of the law is not a defense to the law.

[B2Luv2Hunt]

Last time I checked, ignorance of the law is not a defense to the law.

Steve lives in Bellefonte. He told us he did not realize Bellefonte had these ordinances on the book. He said he had broken the law many times and did not realize it. He was very supportive of the Solicitors of the local government getting their ordinances up to state law.

[USMCRich82]

Steve lives in Bellefonte. He told us he did not realize Bellefonte had these ordinances on the book. He said he had broken the law many times and did not realize it. He was very supportive of the Solicitors of the local government getting their ordinances up to state law.

My comment was directed more towards the municipalities rather than the commissioner. It's actually good news that a commissioner wants to help make wrong things right.

[Xringshooter]

I'm now waiting the next few days CDT's to see what the PSU/Centre region libs are going to cry about in the op eds.

[B2Luv2Hunt]

I'm now waiting the next few days CDT's to see what the PSU/Centre region libs are going to cry about in the op eds.

It has already started in the comment section online.

[IronSight]

It has already started in the comment section online.

Yeah, I'm tempted to reply but I don't exactly feel like trying to reason with people that call gun owners terrorists.

http://www.centredaily.com/2011/02/0...#disqus_thread

WatchingClosely 16 minutes ago

...

I would hope our local police departments get creative with their Disturbing the Peace and Wreckless Endangerment efforts for people needlessly carrying weapons about. To me, it's creepy, and I'd love to hear from the Timothy McVeigh's out there why it isn't. Legal? Yes. Creepy? Absolutely!

GordonFreeman Today 08:27 AM
The Constitution does not offer the right to carry firearms in public regardless of what the cowards at the NRA say. Likewise, the idiots at this PAC need to realize that local governments are not violating the state law by prohibiting people from carrying weapons. It is long past time for citizens to take back their rights and not allow fringe extremists to continue to trample their rights in their communities. I expect State College and Bellefonte to defend their citizens rights from these terrorists.

Besides, Tim's already commenting on there too.

[Xringshooter]

I've posted a couple comments and replies but arguing with closed minded people gets old real quick. As Tim and I were discussing the meeting with the commissioners, they tried to use their personal feelings but Tim shot them down pretty well with the "let's just stick to what the law says, lets not get into philosophical discussions". Way to go Tim, keep them on track.

[B2Luv2Hunt]

Another article online. WTAJTV.com

Gun Owners, Law Officials Clarify Firearm Laws


Posted: 9:42 am EST February 9, 2011

Timothy Havener went to Tuesday's Centre County Commission meeting with a purpose: to educate municipal leaders on gun laws.

Havener, of the group Firearms Owners Against Crime, said, "The state law is above the local laws. … The law is pretty clear."

So, in places like Centre County, where municipalities make laws such as prohibiting guns in a public park, the local government is actually violating state law. And that's something that many local governments don't know.

The Centre County sheriff reaffirmed that Havener and his group are correct.

Sheriff Denny Nau said his office processes 1,000 firearm permit applications a month. He said, "Sometimes you want good people to have guns to control bad people."

The U.S. Supreme Court ruled last year that gun possession is an individual right and local governments cannot ban guns.

Commissioner Steve Dershem said, "Here in Centre County, with the municipalities involved, it needs to be addressed."

There are certain places like courthouses, schools and airports where people can't have a gun or it must be checked at the front door. But even the Pennsylvania Attorney General's Office agrees with Firearms Owners Against Crime: State law supersedes individual municipal regulations. Copyright 2011 by WJACTV.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

http://www.wjactv.com/news/26802448/detail.html

[Just1more]

What does this mean for parents visiting students at Penn State College? Can we carry legally on campus?