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May 3rd, 2013, 04:35 PM #1Banned
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erie,
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CAN ANYONE PLEASE GIVE ME CASE LAW OR ANYTHING ABOUT OPEN CARRYING IN A CITY PARK
I would like for anyone to post everything they can find about open carrying in a city park?? case law etc. I keep hearing that firearms are not allowed in a city park and I know that a city cant make laws over state laws here in Pa. but can some one post stuff were I can give this info to the people that work for the city please thanks.
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May 3rd, 2013, 04:39 PM #2
Re: CAN ANYONE PLEASE GIVE ME CASE LAW OR ANYTHING ABOUT OPEN CARRYING IN A CITY PARK
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May 3rd, 2013, 04:45 PM #3Banned
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erie,
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Re: CAN ANYONE PLEASE GIVE ME CASE LAW OR ANYTHING ABOUT OPEN CARRYING IN A CITY PARK
this is what I know????
§ 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.
18c6120v
(Oct. 18, 1974, P.L.768, No.260, eff. imd.; Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; Oct. 4, 1994, P.L.571, No.84, eff. 60 days; Dec. 15, 1999, P.L.915, No.59, eff. imd.)
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May 3rd, 2013, 05:18 PM #4
Re: CAN ANYONE PLEASE GIVE ME CASE LAW OR ANYTHING ABOUT OPEN CARRYING IN A CITY PARK
statute 6120(a) tells it all... they cant make anything public property restricted for firearms that is NOT specified by the state.... so the city, village, county or borough cant say you cant do that there.....
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May 3rd, 2013, 05:57 PM #5
Re: CAN ANYONE PLEASE GIVE ME CASE LAW OR ANYTHING ABOUT OPEN CARRYING IN A CITY PARK
Check out this thread, it's only 3 posts...
http://forum.pafoa.org/pennsylvania-...violation.htmlWhile many claim to support the right, precious few support the practice.
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May 3rd, 2013, 09:48 PM #6Senior Member
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Re: CAN ANYONE PLEASE GIVE ME CASE LAW OR ANYTHING ABOUT OPEN CARRYING IN A CITY PARK
Since I can't post in that thread, I'll post it here.
...specifically subsection 6120 which...
§ 6120(a). would be read as "section 6120, subsection a," not subsection 6120.
Just something I noticed that I wanted to point out to avoid some confusion.
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May 3rd, 2013, 11:34 PM #7
Re: CAN ANYONE PLEASE GIVE ME CASE LAW OR ANYTHING ABOUT OPEN CARRYING IN A CITY PARK
There is no case law specific to city parks. However there is case law specific to municipalities making such laws. Ortiz v Commonwealth(1996)
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