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June 1st, 2011, 11:31 PM #1Member
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- Aug 2009
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Boyertown/Pottstown,
Pennsylvania
(Berks County) - Posts
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Preemption Violation, West Chester
Found that West Chester prohibits the possession of firearms in parks...so this letter went out today:
Madam Mayor and Members of the Council,
Yesterday I spent some time at Marshal Park in the Borough. It is a pleasant park, and I enjoyed my time there. While leaving the park I noticed a sign listing the rules of the park. Among the rules, was a line that prohibited firearm possession within the park. When I got home I looked up the Boroughs Code, and sure enough I found in Chapter 78 Parks and Playgrounds this:
L. Possession of firearms by any person other than a duly authorized police officer is not permitted.
However, this regulation is in violation of Title 18, section 6120, subsection (a) of the Pennsylvania Consolidated Statutes, which states:
“No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms…when carried or transported for purposes not prohibited by the laws of this commonwealth.”
The preemption statute in 18 PA C.S. §6120 (a) was passed in 1995. I am unsure when this ordinance was passed, 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 Councils ordinance, as it stands today is improper and unenforceable under the laws of the Commonwealth of Pennsylvania. The Council is unable to prohibit the legal possession of firearms in any park within the borough. There is nothing stopping anyone from possession a firearm within the park so long as they are complying with the laws of the Commonwealth. Which means that people may openly carry firearms in any park within West Chester or conceal carry firearms with a License to Carry a Firearm.
I am respectfully asking the Council to update the Ordinance to comply with the laws of the Commonwealth.
Thank you for your time.
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