carbon county fair ..no guns

[wildsofpa]

had to leave the gun(357 ruger GP100 4") in the car.. didnt want to chance cc with a T on,,,family would have been pised if I screwed up the fun by getting ejected.
The Following are prohibited on the fair grounds

[streaker69]

Who owns the land on which the fair is held? Reading their website, the fair is organized by the local Lioness club, but if the fair is being held on county owned land, I don't think that they can do that. But I'm not sure if the it's ever been settled when a private organization leases public land and puts restrictions in place.

[Statkowski]

County government isn't doing a thing, so preemption doesn't apply. They lease the land to a private entity. It's the private entity that establishes and enforces the rules.

[streaker69]

County government isn't doing a thing, so preemption doesn't apply. They lease the land to a private entity. It's the private entity that establishes and enforces the rules.

That's what I was wondering about is if the land is leased or not. Now, let me give you a scenario. What if counties were to start to lease all their parks to a private organization for $1/year, under the condition that the county would still maintain it, but the actual "management" of it would be under this private organization. Would the organization be able to set any rules that they want, like prohibiting guns.

That's what I don't think has been answered. Does a lease of public land take precedence over preemption?

[RandomTask]

Fortunately, my taser is a defensive weapon, so I'm good to go.

"Rowdy behavior"? Does that include getting a hand-job on the Flying Bobs?

[PocketProtector]

Fortunately, my taser is a defensive weapon, so I'm good to go.

"Rowdy behavior"? Does that include getting a hand-job on the Flying Bobs?

As are OUR Glocks etc

[palawstudent]

They could have summed it up as "NO FUN ALLOWED" and "GUN-FREE ZONE, CRIMINALS WELCOME"

[Statkowski]

That's what I was wondering about is if the land is leased or not. Now, let me give you a scenario. What if counties were to start to lease all their parks to a private organization for $1/year, under the condition that the county would still maintain it, but the actual "management" of it would be under this private organization. Would the organization be able to set any rules that they want, like prohibiting guns.

That's what I don't think has been answered. Does a lease of public land take precedence over preemption?

Yes, I can just see a private entity paying the county $1/year for the privilege of maintaining a whole bunch of real estate.

In this particular instance, however, the lease was for a specified period for a specified activity with access restrictions. In major municipalities throughout the Commonwealth, the municipality may own the sports facility but leases it out to a specific sports team, who then controls who can and cannot enter the facility, and under what terms.

[streaker69]

Yes, I can just see a private entity paying the county $1/year for the privilege of maintaining a whole bunch of real estate.

I think you've missed the point. If it's true that an entity leasing public land can set conditions contrary to the UFA, and you had a municipality that was 100% deadset against guns being on public land, all they'd have to do is lease the land to a private entity and set up the rules.

As I said, the lease agreement could be set that the municipality would still maintain it, but the entity would "manage" it. Meaning their name would be on the sign, and they'd set the rules.

Make sense?

[Manxdriver]

I think you've missed the point. If it's true that an entity leasing public land can set conditions contrary to the UFA, and you had a municipality that was 100% deadset against guns being on public land, all they'd have to do is lease the land to a private entity and set up the rules.

As I said, the lease agreement could be set that the municipality would still maintain it, but the entity would "manage" it. Meaning their name would be on the sign, and they'd set the rules.

Make sense?

My take, and i am NOT a lawyer, but i AM a tax-paying citizen of the state of Pa, and therefore the OWNER of that land: The state can enter any lease they want, the county can enter any lease they want and so can the local township. The ycan do this with whatever entity they choose to do it with. What they CANNOT do is over-ride existing state law (pre-emption) with a line in a lease. Can't be done. Pre-emption still over-rides any clause in any lease. WE, thje citizens , own the land, and only we, the citizens, through our elected officials, can rewrite the law and therefore give up our protections.
Example: say the group Mayors against Guns wishes to hold a fund-raiser, and they need a venue. Let's say they decide to hold their shin-dig at the pavilion in the township park. they apply for and get the proper permits, insurance, all the hoops get jumped through. Do you really think I'm going to NOT show up with a loaded AR15 and my 1911 on my belt? Of course I am, and I'm going to invite you all to come too! It is our land, our state, our laws. "F" anybody who tries to tell us what we and cannot do while on our property.
Just my firmly held opinion!
Reminder: I am tailking about publicly owned land here. Not talking about some group that leased a farmer's field and called it the "ShitHead County Fair" or whatever county they are from. That is private -owned land and they have the right to do with it as they please. It is their RIGHT!