Another pre-emption mistake

[pamedic]

I have a problem with the no discharging a firearm part. What if you defend yourself and then get charged with discharging a firearm?

http://blogs.mcall.com/valley610/201...h-gun-ban.html

[RandomTask]

My town specifically exempts self-defense from the ordinance banning firearms discharge and arrow use.

[tacticool]

In any prosecution based on conduct which is justifiable under this chapter, justification is a defense.

http://reference.pafoa.org/statutes/...ion-a-defense/

I am not a lawyer.

[knight0334]

http://reference.pafoa.org/statutes/...ion-a-defense/

I am not a lawyer.

Yep.

In our society murder is the highest crime. If you can prove a justification for taking another person's life, that justification would extend to directly related offenses.

[ditch]

My feeling is that state law will override.

[Curmudgeon]

My feeling is that state law will override.

Regarding matters of law, best to leave your feelings at home.

There is no state preemption covering the discharge of firearms, and municipalities can restrict discharge as they see fit.

It's easy enough to look it up, the link is at the top of every forum page,

"Reference Library" http://reference.pafoa.org/

Preemption > http://reference.pafoa.org/statutes/...nd-ammunition/

18 Pa.C.S. § 6120: Limitation on the regulation of firearms and ammunition
(a) 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.
(a.1) No right of action.--
(1) No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.
(2) Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.
(b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Dealer." The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition.
"Firearms." This term shall have the meaning given to it in section 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 6304 ( relating to sale and use of air rifles).
"Political subdivision." The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.

See? Nothing about discharge.

[zackattack784]

I have a problem with the no discharging a firearm part. What if you defend yourself and then get charged with discharging a firearm?

http://blogs.mcall.com/valley610/201...h-gun-ban.html

As curmudgeon pointed out, banning the discharge of firearms is completely legal and does not run afoul of preemption; however, banning guns outright from parks is illegal.

[tl_3237]

http://reference.pafoa.org/statutes/...ion-a-defense/

I am not a lawyer.

S. 503 is the one that details the justification that would apply - avoiding a greater harm:
http://reference.pafoa.org/statutes/...ion-generally/

[jerkin]

As curmudgeon pointed out, banning the discharge of firearms is completely legal and does not run afoul of preemption; however, banning guns outright from parks is illegal.

Actually, banning the discharge of firearms is not completely legal. Some townships have used this in the past to regulate hunting and it has been declared null and void, the Game Commission laws override the township laws and it is perfectly legal to hunt in a township with a no discharge law. They can ban target practice but I don't know how all of this would fit in with a self defense situation.

[ByblosHex]

My understand is that if your act of homicide is justified than so are all lesser charges involved. Though, I could see exceptions, such as illegal possession of a firearm sticking, assuming you had illegal possession of the gun before the need to use it in self defense came up... though if you were fighting for your life as a previously convicted felon and took the firearm from the attacker and shot him, you may get away with the possession. It's a very complicated and convulted question youre asking. It depends entirely on the situation.

Pre-emption does not apply. Justification may apply.

If you were standing out back, shooting your gun into the air, in violation of the local ordinance and suddenly need to use your gun in self defense, even though the homicide may be found justified, you'd probably still be in trouble for the disharge of firearms.