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June 3rd, 2012, 08:29 PM #1
"No Firearms" sign on D&L bike trail between Bethlehem and Easton
Yesterday I rode on some of the bike trails between Bethlehem and Easton. The only sign of any kind that I saw the whole day was one the prohibits firearms, etc. on the trail.
The sign references ordinance 3-87, but I can't find any mention of such an ordinance. Maybe my Google skills need refining.
This is the section of the trail I was on. The link shows the organization that maintains the trail (owns it?). Description of organization:The Delaware & Lehigh National Heritage Corridor is a 501(c)3 non-profit corporation whose mission is to enrich communities thru actions and partnerships that conserve the resources, tell the stories and enhance the quality of life for Corridor residents.
...and the yellow star in the pic below shows the exact location of the sign. It's right off of Hope Rd, at a boating club of some kind (the clearing right next to the star is the entrance to the club property). It's important to note that the sign is well outside the boating club's property, which is clearly marked, and the sign definitely says "...on this trail", so it's not a matter of confusion about the boat club's private property.
So, is this trail on public property, making this a preemption violation or would the D&L trail be considered private property of the Delaware & Lehigh National Heritage Corridor corporation? I'm new at this preemption thing, and I'm not from the Easton/Bethlehem area (a friend of mine lives up there), so I figured I'd just snap a pic and post it up to gather some opinions.Last edited by DC2.2GSR; June 3rd, 2012 at 08:31 PM.
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June 3rd, 2012, 09:00 PM #2Grand Member
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Re: "No Firearms" sign on D&L bike trail between Bethlehem and Easton
Ordinace 3-87 is IMO a Premtion violation, where Fire arms are concerned. I dont know of any property owners refering to Ordinaces. It must be Public property and therfore illeagle.
Aggies Coach Really ??? Take off the tin foil bro.
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June 3rd, 2012, 09:07 PM #3Member
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Re: "No Firearms" sign on D&L bike trail between Bethlehem and Easton
My son and I ride that trail all the time, and I must never have seen that sign. I guess I just wasn't paying attention. I have always had my 380 on me also. I live at the Easton end. We just ride across the Home Cheapo parking lot, and we are there. I have been past that area hundreds of time, and just did not read the sign. I'm going to stop riding there though. Concealed means Hidden.
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June 3rd, 2012, 09:10 PM #4
Re: "No Firearms" sign on D&L bike trail between Bethlehem and Easton
From their site....
About Us
The Delaware & Lehigh National Heritage Corridor is a joint effort of private groups and interested citizens, county and municipal governments, the Commonwealth of Pennsylvania and the federal government to conserve cultural and natural resources in the five-county region of Pennsylvania that traverses the historic Delaware and Lehigh Canals. Since the Delaware & Lehigh's designation by Congress in 1988, it has been our mission to restore historic places, conserve green space for public use and preserve and interpret our heritage to enhance life for generations to come.http://www.youtube.com/watch?v=6mK2JYfZAmA When will America become America?
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June 3rd, 2012, 09:27 PM #5Grand Member
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Re: "No Firearms" sign on D&L bike trail between Bethlehem and Easton
They seem to be non private.[/QUOTE]
And that sounds like a conflict of intrest! The ordinace would be enforced by who? The Police or Code enforcement Officer! If so then the township or county would be in violation of premption. IANAL!Aggies Coach Really ??? Take off the tin foil bro.
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June 3rd, 2012, 11:47 PM #6Grand Member
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Re: "No Firearms" sign on D&L bike trail between Bethlehem and Easton
First things first. Find out what political subdivision that part of the trail is in, then follow the chain to the city/borough, township, and county to figure out where this ordinance comes from. In briefly reviewing both Easton's and Bethlehem's ordinances, there appear to be preemption-busting ordinances on their books. However, neither were 3-87.
It might be worthwhile to give the D&L folks a call to find out who is responsible for the signage at that spot (describe the sign but do not mention anything about what part you want to know about), then track it back that way.
They're citing an ordinance, so even if they're a private entity, someone has 3-87 on their books, and if nothing else, the ordinance needs to be corrected (if it even exists anymore).
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June 4th, 2012, 06:08 AM #7
Re: "No Firearms" sign on D&L bike trail between Bethlehem and Easton
AFAIK, private property owners cannot enact ordinances. While they certainly could regulate the possession of firearms, I don't believe any government enacted measure could penalize the behavior, except trespassing provisions.
While The Delaware & Lehigh National Heritage Corridor may be able to prohibit possession as a 501(c)3 non-profit corporation, IMO, no municipal body can prohibit possession of firearms on the corporation's domain or on their behalf.
State law does not do so, thus they may not, per 18 Pa. C.S.§6120.Last edited by gnbrotz; June 4th, 2012 at 05:11 PM. Reason: punctuation
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June 4th, 2012, 12:43 PM #8
Re: "No Firearms" sign on D&L bike trail between Bethlehem and Easton
From what I'm gathering in your picture, it looks like the municipality of that area is Bethlehem Township.
I couldn't find the referenced ordinance, but I did find 170-8, which reads:
The following are violations of this chapter and subject the violator to park exclusion pursuant to § 170-9, and to the penalties set forth in § 170-11:
[...]
G. Firearms prohibited; exceptions. Except for law enforcement officers in the performance of their official duties to use, possess or discharge a firearm in any park.
Also bordering that property (because your star is close to the line) is Palmer township, and there is nothing on their books prohibiting carry anywhere, nor is there a "3-87".
Unless this is subject to Lower Saucon (south across the river from Bethlehem Township) or Williams (south across the river from Palmer Township) townships, but I find that unlikely.
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June 4th, 2012, 12:49 PM #9
Re: "No Firearms" sign on D&L bike trail between Bethlehem and Easton
I usually ride either the Montour or Panhandle Trail. I checked the sign there and it just says no discharge of firearms on that one.
Read one of the notices along the trail about a rabid raccoon coming
into contact with a dog. Wonder what they would say if you discharged your firearm to take care of a rabid animal ??I dislike the diamond commercials, give me something useful like guns, ammo or cookware.
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