Preemption and municipal property

[twency]

If a county, municipality or township has a regulation which prohibits the lawful (per state law) carry of firearms in a public park or other government property open to the public, what is the likelihood of winning a lawsuit against them? I realize nothing can be predicted with certainty, I'm just curious about probabilities.

The language of 18 Pa.C.S. § 6120 seems plain enough to me, but I've seen several cautions that things may not be cut and dried when it comes to municipal property.

Is there relevant case law on the subject (not preemption generally but specifically as it applies to municipal property like parks)?

[tl_3237]

The only case that I'm aware of that have somewhat similar elements is a question of preemption by the Game Code (Title 34) as it applies to municipal property.

The court did make a distinction between general municipal legislation and a municipality asserting private property rights as a park owner.

Not saying that this answers your query but it does give some potential insight that nothing is 'cut and dried' when it comes to application of laws.

Wolfe v. Township of Salisbury, 880 A. 2d 62 - Pa: Commonwealth Court 2005

[TheF00L]

If a county, municipality or township has a regulation which prohibits the lawful (per state law) carry of firearms in a public park or other property open to the public, what is the likelihood of winning a lawsuit against them? I realize nothing can be predicted with certainty, I'm just curious about probabilities.

The language of 18 Pa.C.S. § 6120 seems plain enough to me, but I've seen several cautions that things may not be cut and dried when it comes to municipal property.

Is there relevant case law on the subject (not preemption generally but specifically as it applies to municipal property like parks)?

In the following thread, These fools realized that it was ILLEGAL for them to pre-empt so the backed down due to the realization that they could be sued INDIVIDUALLY as citizens if they went against premption.

Not sure if this helps?!

http://forum.pafoa.org/news-123/1348...criminals.html

[Statkowski]

True, but a political subdivision (county, city, borough, township or town) is specifically prohibited in Section 6120(a) from regulating firearms in any manner. I don't think the Title 34 preemption is as strict, thus the ruling that followed.

[YosemiteSam]

The only case that I'm aware of that have somewhat similar elements is a question of preemption by the Game Code (Title 34) as it applies to municipal property.

The court did make a distinction between general municipal legislation and a municipality asserting private property rights as a park owner.

Not saying that this answers your query but it does give some potential insight that nothing is 'cut and dried' when it comes to application of laws.

Wolfe v. Township of Salisbury, 880 A. 2d 62 - Pa: Commonwealth Court 2005

I would like one of those judges to explain to me where a Gov. entities "rights" are derived from. A very slippery slope.