I'm dumb...can someone explain this to me? Firearms law in Lower Makefield parks

[mikelets456]

http://http://ecode360.com/documents...rce/454985.pdf

ORDINANCE NO 391
AN ORDINANCE OF THE TOWNSHIP OF LOWER
MAKEFIELD BUCKS COUNTY PENNSYLVANIA
AMENDING THE PROVISIONS OF CHAPTER 141 PARKS
AND RECREATION AREAS SECTION 12461
FIREARMS HATCHETS AXES SAWS AND KNIVES OR
WEAPONS OF THE LOWER MAKEFIELD TOWNSHIP
CODE OF ORDINANCES WHICH SAID AMENDMENT
AMENDS THE PROVISIONS OF SUBSECTION A SO AS
TO COMPLY WITH THE REQUIREMENTS OF
PENNSYLVANIA LAW AND ALSO ADDS A DEFINITION
OF FIREARM
WHEREAS the Board of Supervisors of Lower Makefield Township has previously
adopted the Lower Makefield Township Code of Ordinances
WHEREAS the Code ofOrdinances includes provisions set forth in Chapter 141 Parks
and Recreations Areas Section 12461 which sets forth various acts which are prohibited in
Township parks including at Section A certain restrictions related to firearms and other
weapons
WHEREAS Pennsylvania law precludes the Township from regulating certain actions
aonrd conduct of individuals which is preempted by State law
WHEREAS the Board of Supervisors desires to define a firearm consistent with the
definition as set forth in state law and
WHEREAS the Board of Supervisors of Lower Makefield Township is desirous of
amending the provisions of the Code of Ordinances of Lower Makefield Township at Chapter
141 Section 12461 Firearms Hatchets Axes Saws and Knives or Weapons as hereinafter set
forth
NOW THEREFORE be it ORDAINED and ENACTED as follows
00611293
Section 1 The provisions of Chapter 141 Parks and Recreation Areas Rules and
Regulations Section 1341 is hereby amended by adding thereto the following definition
Firearm Any pistol or revolver with a barrel length less than 15 inches any
shotgun with a barrel length less than 18 inches or any rifle with a barrel length
less than 16 inches or any pistol revolver rifle or shotgun with an overall length
of less than 26 inches The barrel length of a firearm shall be determined by
measuring from the muzzle of the barrel to the face of the closed action bolt or
cylinder hichever is applicable
Section 2 The Provisions of Chapter 141 Parks and Recreation Areas Rules and
Regulations Section 12461 Firearms Hatchets Axes Saws Knives or Weapons Subsection A
of the Lower Makefield Township Code of Ordinances is hereby amended so that the provisions
of subsection A are deleted in their entirety and in lieu thereof the following is provided
A Bring into or upon the park system nor have in his or her possession any
revolver pistol rifle shotgun air rifle or air pistol or any gun rifle firearm or a bow
and arrow or other weapon that discharges projectiles either by air explosive force or by
way of any other substance unless the person having possession of such firearm as
defined in Section 1341 is in compliance with Pennsylvania State law as it relates to the
possession of firearms Furthermore no person shall discharge or soefft anywhere
within the park system any revolver pistol rifle shotgun air rifle firearm or air pistol
or other weapon that discharges projectiles either by air explosive fire or by any other
substance This section shall not apply to any duly appointed law enforcement officer
while carrying out the duties and responsibilities ofhis or her position
Section 3 In all other respects the provisions of Chapter 141 is reaffirmed and
ratified subject only to the modifications to same as set forth herein
Section 4 In the event of any Court of competent jurisdiction shall declare any
portion ofthis Ordinance invalid such invalidity shall not affect the Ordinance in its entirety as
it was the intent of the Board of Supervisors this Ordinance would have been adopted even had
the offending provision not be included
00611293 2
Section 5 This Ordinance shall be effective five 5days after enactment
DULY ENACTED this day of 2012

[OldSchoolPC]

Wow, I had to read that thing 4 different times. I had a really good post based on how I read it the first 2 times. The way I'm reading it now, it basically says "Hey, if it's legal, it's okay with us, but if it's illegal, then it's against park rules. SOoooooo... if you are a prohibited person, then you are also breaking the park rules.

If any of you are interested in a mildly entertaining and ignorant response read below. Bare in mind, the first time I read this it looked like they were trying to say long-guns are banned, but that is not the case.

I just re-checked the exemption, and the definition of "firearm" as is used in the exemption. Basically, long-guns not being firearms in the UFA, is what they were going after.

(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.

taken from 5515 (paramilitary thingie)

"Firearm." Any weapon which is designed to or may readily be
converted to expel any projectile by the action of an explosive;
or the frame or receiver of any such weapon.

So basically, these numbnuts figured out that long-guns aren't firearms, and are therefore not pre-empted. However, had these numb-nuts actually READ 5515, then they would know that long-guns are considered firearms for that subchapter and therefore also are pre-empted. So basically, a bunch of morons tried to be slick, and they screwed up. At least, that's the way I read it.

To sum it up, they can tell you you can't discharge firearms and long-guns, but that's it. If you wanna OC a shotty, you can. Of course, bear in mind the currect state of emergency. Better have an LTCF if you wanna do most anything gun related "normally".

P.S. I hereby nominate myself for the ignoramus of the day award.

[jerryg]

http://http://ecode360.com/documents...rce/454985.pdf

ORDINANCE NO 391
AN ORDINANCE OF THE TOWNSHIP OF LOWER
MAKEFIELD BUCKS COUNTY PENNSYLVANIA
AMENDING THE PROVISIONS OF CHAPTER 141 PARKS
AND RECREATION AREAS SECTION 12461
FIREARMS HATCHETS AXES SAWS AND KNIVES OR
WEAPONS OF THE LOWER MAKEFIELD TOWNSHIP
CODE OF ORDINANCES WHICH SAID AMENDMENT
AMENDS THE PROVISIONS OF SUBSECTION A SO AS
TO COMPLY WITH THE REQUIREMENTS OF
PENNSYLVANIA LAW AND ALSO ADDS A DEFINITION
OF FIREARM
WHEREAS the Board of Supervisors of Lower Makefield Township has previously
adopted the Lower Makefield Township Code of Ordinances
WHEREAS the Code ofOrdinances includes provisions set forth in Chapter 141 Parks
and Recreations Areas Section 12461 which sets forth various acts which are prohibited in
Township parks including at Section A certain restrictions related to firearms and other
weapons
WHEREAS Pennsylvania law precludes the Township from regulating certain actions
aonrd conduct of individuals which is preempted by State law
WHEREAS the Board of Supervisors desires to define a firearm consistent with the
definition as set forth in state law and
WHEREAS the Board of Supervisors of Lower Makefield Township is desirous of
amending the provisions of the Code of Ordinances of Lower Makefield Township at Chapter
141 Section 12461 Firearms Hatchets Axes Saws and Knives or Weapons as hereinafter set
forth
NOW THEREFORE be it ORDAINED and ENACTED as follows
00611293
Section 1 The provisions of Chapter 141 Parks and Recreation Areas Rules and
Regulations Section 1341 is hereby amended by adding thereto the following definition
Firearm Any pistol or revolver with a barrel length less than 15 inches any
shotgun with a barrel length less than 18 inches or any rifle with a barrel length
less than 16 inches or any pistol revolver rifle or shotgun with an overall length
of less than 26 inches The barrel length of a firearm shall be determined by
measuring from the muzzle of the barrel to the face of the closed action bolt or
cylinder hichever is applicable
Section 2 The Provisions of Chapter 141 Parks and Recreation Areas Rules and
Regulations Section 12461 Firearms Hatchets Axes Saws Knives or Weapons Subsection A
of the Lower Makefield Township Code of Ordinances is hereby amended so that the provisions
of subsection A are deleted in their entirety and in lieu thereof the following is provided
A Bring into or upon the park system nor have in his or her possession any
revolver pistol rifle shotgun air rifle or air pistol or any gun rifle firearm or a bow
and arrow or other weapon that discharges projectiles either by air explosive force or by
way of any other substance unless the person having possession of such firearm as
defined in Section 1341 is in compliance with Pennsylvania State law as it relates to the
possession of firearms Furthermore no person shall discharge or soefft anywhere
within the park system any revolver pistol rifle shotgun air rifle firearm or air pistol
or other weapon that discharges projectiles either by air explosive fire or by any other
substance This section shall not apply to any duly appointed law enforcement officer
while carrying out the duties and responsibilities ofhis or her position
Section 3 In all other respects the provisions of Chapter 141 is reaffirmed and
ratified subject only to the modifications to same as set forth herein
Section 4 In the event of any Court of competent jurisdiction shall declare any
portion ofthis Ordinance invalid such invalidity shall not affect the Ordinance in its entirety as
it was the intent of the Board of Supervisors this Ordinance would have been adopted even had
the offending provision not be included
00611293 2
Section 5 This Ordinance shall be effective five 5days after enactment
DULY ENACTED this day of 2012

IANAL but it looks like they changed the wording to say if you can legally carry a handgun them you are good to go.