Allentown Preemption

[pamedic]

I will be attending the May 18th city council meeting to bring up the preemption violation they have on their books. I know it will be a uphill battle due to the mayors past practices so anybody free please come and support this! Thanks!!

[tsor39]

Can you give more information?

Copies of the ordinance would be helpful.

[zackattack784]

For those interested, here's the ordinance:

734.01 NO CARRYING OR DISCHARGING OF FIREARMS OR WEAPONS
A. No person shall use, carry or discharge firearms of any kind, air rifles, spring guns, bows and arrows, slings or any
other forms of weapons potentially inimical to wildlife and dangerous to human safety upon any property owned by the City.
(9828 §1 6/19/62; 14638 §1 11/6/2008)
B. No person shall use, carry or discharge air rifles, spring guns, bows and arrows, slings or any other forms of weapons
potentially inimical to wildlife and dangerous to human safety within the limits of the City. (14638 §1 11/6/2008)
C. No person shall discharge firearms of any kind, air rifles, spring guns, bows and arrows, slings or any other forms of
weapons potentially inimical to wildlife and dangerous to human safety within the limits of the City or upon any property owned by
the City. (14638 §1 11/6/2008)
734.02 EXCEPTIONS
A. Section 734.01 of this Article shall not apply at indoor or outdoor ranges approved for the firing or discharge of the
aforementioned weapons or to licensed hunters carrying such weapons upon leaving or returning to the City from lawful hunting
beyond the City limits. (9828 §2 6/19/62; 14638 §1 11/6/2008))
B. This Article shall not apply to the lawful possession, transportation, carrying of firearms accordance with State law (18
Pa. C.S.A. §6101 et seq.; 14638 §1 11/6/08)
734.03 POLICE ACTION AGAINST VIOLATORS
The Chief of Police shall have the right to seize, take, possess, remove or destroy any weapons herein mentioned involved in a
violation of the provisions of this Article. (9828 §3 6/19/62)
734.04 (RESERVED)
734.05 FAILURE TO REPORT LOST OR STOLEN FIREARM
No person who is the owner of a firearm that is lost or stolen shall fail to report the loss or theft to an appropriate local law
enforcement official within 24 hours after discovery of the loss or theft. (14632 §1 10/2/08) March 2011
734.98 SEVERABILITY
If any provision of this Article or the application thereof to any person or circumstance is held invalid for any reason in a court of
competent jurisdiction, the invalidity does not affect other provisions or any other application of this Article which can be given
effect without the invalid provision or application, and for this purpose the provisions of this Article are declared severable.
(14632 §1 10/2/08)
734.99 PENALTY
A. Any person violating Sections 734.01, 734.02 or 734.03 of this article shall be fined not more than One Thousand
($1,000) Dollars or imprisoned more than ninety (90) days, or both. (11995 §1 2/21/73; 13034 §5 3/6/91;14632 §1 10/2/08;
14638 §1 11/6/2008)
B. Any person who violates Section 734.05:
1. For the first violation such person shall be subject to a fine of not more than $500.
2. For the second and subsequent violations thereafter such person shall be subject to a fine of not
more than $1000, or imprisonment for not more than 90 days, or both. (14632 §1 10/2/08; 14638 §1 11/6/2008)

[pamedic]

I have also found this one that specificly states no firearms in parks.

951.09 FIREARMS, WEAPONS, TOOLS
It shall be unlawful for any person to bring into or have in his possession in any park or recreation area:

A. Any pistol or revolver or objects upon which loaded or blank cartridges may be used. Official starters, at authorized
track and field events, are exempted from this restriction.

B. Any burglar tools.

C. Any rifle, shotgun, BB gun, air gun, spring gun, slingshot, bow, or other weapon in which the propelling force is
gunpowder, a spring or air.

[streaker69]

I have also found this one that specificly states no firearms in parks.

951.09 FIREARMS, WEAPONS, TOOLS
It shall be unlawful for any person to bring into or have in his possession in any park or recreation area:

A. Any pistol or revolver or objects upon which loaded or blank cartridges may be used. Official starters, at authorized
track and field events, are exempted from this restriction.

B. Any burglar tools.

C. Any rifle, shotgun, BB gun, air gun, spring gun, slingshot, bow, or other weapon in which the propelling force is
gunpowder, a spring or air.

What exactly is a 'burglar tool'? I'd be curious about that too.

[Ten*K]

here's a burglar tool: a gold ring that was found in a cave under a mountain, which renders the wearer invisible, allowing one to sneak into, say, a dragon's lair to steal his treasure.

can't wait for The Hobbit!

[9orangeletters]

I'm pretty sure seizure is against the law, too.

[bauer4567]

Im a little confused...

Am I right that the 734.01 A, B, C all completely contradict and are essentially eliminated by what is said in 734.02 B????

[tl_3237]

Im a little confused...

Am I right that the 734.01 A, B, C all completely contradict and are essentially eliminated by what is said in 734.02 B????

734.01 are the general proscriptions of conduct.

724.02 are exceptions to that proscription - 734.02A exempts ranges and hunters in transit from the prohibited acts of 734.01. 734.02B exempts anyone who carries in compliance with the UFA from the entire Article 734 (WEAPONS)!

However, even though it grants an exception to persons licensed under 6109 (ex:LTCF, reciprocated licenses, etc) and license exempt persons under 6106 (professional and activity exemptions) and may seem in compliance with 6120, IT IS NOT.

For example: article 734 would seem to forbid OC (which is not addressed in the UFA [18 Pa. C.S.A. §6101 et seq.]) at all as well as longarms (which the 6120 preemption statute expressly includes as off limits to the city) but article 734 fails to provide any exemption for.

[bauer4567]

OK. So what is the plan, pamedic? Have you prepared a statement like the one found in the sticky thread for preemption?

The rules for Allentown City Council are not very clear whether you MUST submit for an item to be on the agenda, or if it can be brought up when the citizens are heard??