[CLOSED]Municipalities in violation of §6120 (Preemption)[CLOSED]

[gnbrotz]

We know that in addition to Philly, there are both long-existing and recently enacted measures by various municipalities across the state that are in violation of state law. This thread is intended to track them and their status as we become aware of them. Hopefully, we will see the day that this thread is empty.

A Google map illustrating these violations can be found here. Red placemarks indicate existing issues, green indicates resolved issues. Yellow pins are issues 'in progress' (meaning they are being challenged in some form, but a final resolution has not been reached).

If you have information to add to or correct what is posted here, please let me know.

[Statkowski]

Ebensburg Borough (Cambria county)
Status: Currently in place. No known incidents where it was enforced.
Enacted: 11/27/2000

Code can be found here.

Chapter 16 (Parks and Recreation), Part 1 (Regulation for Use of Parks and Recreational Areas), Section 16-103 (Prohibited Conduct):

I. Carry or discharge any firearms, slingshots, firecrackers, fireworks or other missile propelling instruments or explosives or arrows, or other dangerous weapons which have such properties as to cause annoyance or injury to any person or property, unless permission has been granted by the borough council in designated areas; police officers in the performance of their duties will be exempt from these provisions. (Ord. 494, 11/27/2000)

R. Hunt for, capture or kill, or attempt to capture or kill, or aid or assist in the capturing or killing of, in any manner, any wild bird or wild animal of any description, either game or otherwise, and to that end, it is unlawful for any person to carry onto or possess in any park, a shotgun or rifle or pistol or firearm of any make or kind unless specific permission is granted for a designated area by authority of the borough council. (Ord. 494, 11/27/2000)

[t1m0thy]

That one is interesting. I carry openly and concealed all over Ebensburg including parks and police have seen my gun. No one has ever said anything.

This forum is full of useful info. Thanks.

Ebensburg Borough (Cambria county)
Status: Currently in place. No known incidents where it was enforced.
Enacted: 11/27/2000

Code can be found here.

[lcompton]

Good evening, t1m0thy.

That one is interesting. I carry openly and concealed all over Ebensburg including parks and police have seen my gun. No one has ever said anything.

This forum is full of useful info. Thanks.

These preemption violations are a dime-a-dozen. I just verified that Downingtown, Pennsylvania also has a firearms ban in borough parks. The ban is on page six of the attached PDF file. It is marked letter N.

PAVILION RENTAL FORM AND PARK RULES.pdf

SOURCE: http://www.downingtown.org/parkS/PAV...RK%20RULES.pdf

[t1m0thy]

Ugh. I love how little tyrants can't change the state law so they try to intimidate people into being afraid of carrying through these kinds of laws. I knew they had them elsewhere but I never thought Ebensburg would be on the list. I am sorely disappointed.

Good evening, t1m0thy.


These preemption violations are a dime-a-dozen. I just verified that Downingtown, Pennsylvania also has a firearms ban in borough parks. The ban is on page six of the attached PDF file. It is marked letter N.

PAVILION RENTAL FORM AND PARK RULES.pdf

SOURCE: http://www.downingtown.org/parkS/PAV...RK%20RULES.pdf

[fingers80002]

Ugh. I love how little tyrants can't change the state law so they try to intimidate people into being afraid of carrying through these kinds of laws. I knew they had them elsewhere but I never thought Ebensburg would be on the list. I am sorely disappointed.

So go to the monthly meeting, and get them to reverse/recind the Illegal ordinance.......

[LittleRedToyota]

great idea for a post great. here is another one you can add to the list:

Allegheny county
Status: Currently in place. No known incidents where it was enforced.
Enacted: ?

Statkowski wrote a letter to the county explaining that they were in violation of preemption. they wrote back ignoring that and saying the would continue to enforce the ordinance. you can read more here: http://opencarry.mywowbb.com/forum46/160.html.

A county ordinance bans carrying loaded guns on all airport property (not just sterile areas) even if you have an LTCF.

here is the code:

Chapter 705: AIRPORTS
ARTICLE VII General Conduct

§ 705-39. Weapons and firearms. A. No person, except law enforcement officers, post office and custom officials, or members of the Armed Forces of the United States on active duty, shall carry any weapon, firearm, explosive or inflammable material on the airport premises except by specific direction of the Director, the Superintendent of Police or their designees.
B. No person shall transport any weapon or firearm except when it is properly enclosed for shipment and is not in the person's manual possession.
C. No person shall discharge any weapon or firearm at the airport except in the performance of official duties requiring the discharge thereof.

§ 705-86. Violations and penalties. A. Any person who violates any of the regulations of this article shall be subjected to one or both of the following penalties: upon conviction of the summary proceeding, violators shall: (1) Undergo imprisonment in the County jail for not more than 30 days; and/or
(2) Be sentenced to pay a fine, to be paid to the use of the County with costs of prosecutions, not less than $25 nor to exceed $100 for each conviction thereof.
B. The Board of County Commissioners may also prescribe fines and penalties, not to exceed $500 for the violation of County ordinances, which fines and penalties may be collected by suit brought in the name of the County in like manner as debts of like amount may be used for.
C. Each of the sections contained in this article shall constitute a separate offense subject to the penalties outlined in Subsections A and B of this section.

Contributed by Statkowski:
http://www.e-codes.generalcode.com/c...=&maxfiles=999

Chapter 650: PARK RULES AND REGULATIONS

§ 650-1. Prohibited activities.

The below-listed activities are specifically prohibited in any area lying within a County park. Exceptions to these prohibitions will be recognized only upon possession and presentation of a written authorization signed by the Director of the Parks Department, by signs posted by authorized representatives of the Director, or by immediate direction of a County police officer.

H.Weapons and explosives. (1)Discharge of any firearm or weapon, including but not limited to handguns, rifles, shotguns, crossbow, bow and arrow, air rifle or pistol, any device firing a projectile by compressed gas or spring, such as paintball devices, or as otherwise specifically allowed by permit issued by the Parks Department. (2)Brandishing of a firearm or weapon, including but not limited to handguns, rifles, shotguns, crossbow, bow and arrow, air rifle or pistol, any device firing a projectile by compressed gas or spring, such as paintball devices, except as otherwise specifically allowed by permit issued by the Parks Department. Firearms may be transported through the park if kept in a car trunk, enclosed in a case, or otherwise inaccessible to use. Nothing contained herein shall prohibit any person licensed under the Pennsylvania Uniform Firearms Act, 18. P.S. § 6109, from possession of a firearm as defined in the Pennsylvania Uniform Firearms Act, 18 P.S. § 6102.

[pex]

State College Borough (Centre county)
Status: Currently in place. No known incidents where it was enforced.
Enacted: ?

All ordinances.
Timeframe on ability to enact law.

CHAPTER I
ADMINISTRATION AND GOVERNMENT
INTRODUCTION
Administration and Government
As a result of a Constitutional Amendment approved by the voters in 1986, the General Assembly passed Act 62 in April, 1972, which gave municipalities the choice of either Home Rule powers or a choice of several options to change its present structure.

The State College Borough Council, in June, 1972, voted to place the question of a Government Study Commission on the ballot for the November, 1972 election. By an overwhelming margin, the voters of State College approved the question, electing the Commission.

The Government Study Commission organized in November, 1972, and held a public hearing in March, 1973, to hear interested citizens. In April, 1973, the Commission unanimously voted to adopt a Resolution which initiated the drafting of a Home Rule Charter for the Borough. By August, 1973, the Commission completed and advertised its text and held a second public hearing on August 21, 1973, to submit the proposal to the citizens of State
College.

On August 22, 1973, the Commission adopted the Charter and voted to place it on the November, 1973 ballot. The election resulted in 4,168 of the 5,002 citizens (84 percent) voting in favor of the Home Rule Charter, which became effective January 1, 1976.

Law in particular:

12S.C.Ord.103(f) [probably an incorrect way to cite]
f. Firearms, Weapons, Etc. No person shall have in his possession, bring into or use in any park, whether carried concealed or carried open, any fire arms, sling shots, fire crackers, fireworks or other missile-propelling instruments or explosives or arrows (except as allowed in a designated archery area) or other dangerous weapons, which have such properties as to cause annoyance or injury to any person or property.

I imagine that the question is was this section enacted before preemption.

[Statkowski]

City of Greensburg (Westmoreland County)
Status: Currently in place. No known incidents where it was enforced.
Enacted: ?

Firearms prohibited in City Hall

City Code found here: http://www.e-codes.generalcode.com/c...=&maxfiles=999

§ 132-4. Possession of weapons prohibited.
A. No person shall knowingly possess or cause to be present or attempt to possess or cause to be present a firearm, explosive or other dangerous weapon in the City of Greensburg City Hall or upon the grounds appurtenant thereof.

B. All packages, briefcases, purses, boxes, bags and other containers of any kind or nature in the possession of a person in City Hall or upon the grounds appurtenant to City Hall shall be subject to inspection by city security personnel for the purpose of searching for the presence of any weapon, device, instrument, material or substance prohibited under this chapter or under any other federal, state or local government law, regulation or ordinance. No person shall fail or refuse to surrender and open for inspection any such package, briefcase, purse, box, bag or other container upon request of any city security personnel.

C. Subsection A shall not apply to:
(1) The lawful performance of official duties by an officer, agent or employee of the City of Greensburg who is authorized by law to engage in or supervise the prevention, detection, investigation or prosecution of any violation of law.
(2) The use of a legally blind person of a trained and properly controlled guide ("Seeing-eye") dog.
(3) The possession of a firearm or other dangerous weapon by a person when so authorized or directed by valid order of court.

[Statkowski]

Patton Township (Centre County)
Status: Currently in place. No known incidents where it was enforced.
Enacted: 5/17/1972

Township Code found here: http://www.e-codes.generalcode.com/c...=&maxfiles=999

§ 112-3. Conduct prohibited in parks.

F.Firearms, weapons, etc. No person except a law enforcement officer shall have in his possession, bring into or use in any park, whether carried concealed or carried open, any firearms, slingshots, firecrackers, fireworks or other missile propelling instruments or explosives or arrows (except as allowed in a designated archery area) or other dangerous weapons which have such properties as to cause annoyance or injury to any person or property.