Issues with a rally this coming June in Erie.

[jerkin]

copy of the letter sent to the City:
May 07, 2013
Mr. Gregory Karle
c/o Erie City Hall,
626 State Street
Erie, PA 16501
RE: Justin D. Dillon - June 22, 2013 Pro-Gun Rally
Solicitor Karle,
Please be advised that I have been retained by Mr. Justin D. Dillion, and those other
individuals similarly situated, in relation to his attempt to obtain a permit for his June 22, 2013
Pro-Gun Rally in Erie, Pennsylvania.
It is my understanding that Mr. Dillion on several prior occasions has procured Special Event
Permits for identical gatherings in Erie, Pennsylvania. I am attaching his most recent Special
Event Permit for an identical gathering on February 23, 2013. I should note that such permits are
not required for constitutionally protected gatherings and that Mr. Dillon understood such but
acquired such permitting so that the City would be on notice of the event. Approximately three
weeks ago, Mr. Dillon contacted Mr. David Rocco to again obtain a permit for his event on June
22, 2013. At this time, concern was raised in relation to a City ordinance, which precluded
possession of firearms in parks. This issue was apparently relayed to you for resolution.
Pennsylvania's Uniform Firearms Act, 18 PA.C.S. § 6120, specifically preempts any
municipality from enacting any regulations in relation to possession of firearms and ammunition.
Section 6120 provides, "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." As if that language was not clear enough, the issue was previously brought
before the Commonwealth Court, which declared, "it is a well-established principle of law that
where a state statute preempts local governments from imposing regulations on a subject, any
ordinances to the contrary are unenforceable" and Section 6120 "clearly preempts local
governments from regulating the lawful ownership, possession and transportation of firearms."
Schneck v. City of Philadelphia, 383 A.2d 227, 229-30 (Pa. Cmwlth. 1978)(reaffirmed in Clarke
v. House of Representatives, 957 A.2d 361 (Pa. Cmwlth. Ct. 2008).
A violation of Section 6120 is a misdemeanor of the first degree, pursuant to 18 PA.C.S. §
6119.
In review of the City's ordinances, at the current time, I have found two which violate this
statutory preemption and result in a criminal violation. Specifically, 955.06(b) and Ordinance
No. 44-2009. In relation to Ordinance 955.06(b), the City is unlawfully regulating the possession
of firearms. In relation to Ordinance No. 44-2009, the City is unlawful regulating and mandating
the disclosure of lost or stolen stolen firearms in parks. Both of these issues were dealt with by
the Commonwealth Court in Clarke, where the court found them to be invalid, pursuant to
Section 6120.
Accordingly, I am respectfully requesting that the ordinances be immediately repealed. If
they are not, or any action is taken pursuant to them, I am prepared to filed a federal action
under 42 U.S.C. § 1983 against all of those who enacted, condoned, ratified or who enforce(d)
these illegal ordinances. Additionally, I will seek to have criminal charges filed against all those
involved.
As I assume these ordinances were enacted in haste and without the knowledge of the
limitations prescribed by Section 6120, please notify me at your earliest convenience of the
action the Township intends to take in relation to this matter. I also respectfully requesting that
you direct Mr. Rocco to issue Mr. Dillon's Special Event Permit.
Thanking you for your time and assistance in this matter, I am
Yours truly,
Prince Law Offices, P.C.,
Joshua Prince
joshua@princelaw.com
Extension: 81114
jp/web
Matter No. 30956
Enclosure
By fax: Mr. Gregory Karle
cc w/enc: Mr. Stephen E. Franklin by mail and fax
Mr. David Rocco by mail and fax
cc w/o enc: Mr. Justin D. Dillon by email
a division of Prince Law Offices, P. C. • 646 Lenape Road • Bechtelsville, PA 19505 • (888) 313.0416
www.FirearmsIndustryConsultingGroup.com • © 2007 - 2012 • www.PrinceLaw.com

Bold is mine. I'm not the grammar police or anything but I really hope this was retyped for the forum and is not the actual letter that was sent from a law office to the city solicitor. I don't even understand what is trying to be relayed in the first part I made bold. Is it just a lost and stolen ordinance that has nothing to do with parks?

Good on ya for making this happen. It should be interesting to see how far the City wants to push this, especially now that a lawyer is involved.

[blitzo]

I will try and make it to this. I am also willing to meet for breakfast.

[allen16323]

Well lets set a time and we can meet there for breakfast. I have looked at the menu and know what i will be having already.

[Curmudgeon]

2 things, first, The Breakfast Place at E38th near McClelland is friendly, and I'd try to be there, second, can someone post info for those of us who refuse to fall into facebook hell, where we have to tell everyone what we're having for dinner and update our bowel movements?

Here's what I got so far...

June 22 at 1:00pm
Perry Square in Erie, Pennsylvania
Join · 43 people are going

[Connal]

The lawyer is working on some things. I don't know the legal mumbo jumbo.

But essentially, because Karle went on the news, and said they would enforce their law, it is a pre-emptive strike against them.

However, there is a retainer fee of $4,000. It is already decided, if the money isn't all used, it will be donated to a pro 2A group.

I just got this info, so please. If you wouldn't mind sharing it with others, and if possible, even a small donation. Every little bit helps.

[ar15jules]

Well lets set a time and we can meet there for breakfast. I have looked at the menu and know what i will be having already.

I recommend the omelet Italiano, but dare you to eat a WHOLE fritada.
Jules

[ar15jules]

The lawyer is working on some things. I don't know the legal mumbo jumbo.

But essentially, because Karle went on the news, and said they would enforce their law, it is a pre-emptive strike against them.

However, there is a retainer fee of $4,000. It is already decided, if the money isn't all used, it will be donated to a pro 2A group.

I just got this info, so please. If you wouldn't mind sharing it with others, and if possible, even a small donation. Every little bit helps.

Who is the attorney? You can PM me if you prefer.
Jules

[Curmudgeon]

Who is the attorney? You can PM me if you prefer.
Jules

See post number 5...

http://forum.pafoa.org/pennsylvania-...s-control.html

[Connal]

http://yourerie.com/fulltext?nxd_id=305632

That should take you to the news article, with video.

What does this "man" say?

Quote: They can't be armed uh, if one is armed, their subject to a summary offense, the fine is $100-$300, and the uh police are able to enforce the ordinance.


But, we need your help.

By sharing this information, and letting it spread, we can help build support. We have people now, who are afraid to attend because of these outright threats, to violate state law.

By attending. The rally is in June, and there is an OC friendly diner across the street from the park. We can meet up before hand, get a late breakfast, and chit chat before the walk.

And the hardest for me to ask. Is if anyone would be able to donate. I know money is tight, but we are putting the attorney on retainer, and trying to

This is from the attorney.

Quote:he potential issue that we face is the fact that the City hasn't enforced the regulation; however, there is the ability to sue in the absence of actual enforcement, if you can show that the entity intends to enforce it.


And for those that understand legal talk.

Quote:we could file an action for a preliminary injunction and declaratory relief, where we would basically be asking the Court to issue a decision enjoining the City from enforcing the statute and finding the statute in violation of Section 6120


I know money is tight. If you could donate even a dollar, it would greatly help.

If anyone can help in any way, it would be greatly appreciated. The link to donate is here.

http://www.gofundme.com/2wowpw


Any way anyone can help, it would be appreciated by many of us who go to the rally's over on this side of the state.

[chrisjp]

hey guys. thanks for jumping in on support of all this. we have worked hard to portray a positive image of what we represent; all poor use of the english language aside (ps...its why i dont post here as often due to an overall tendency to seem snotty. not everybody is as well educated as those standing on the soap box, and the revolutionary war was fought by those less educated and well written than you or I, so i tend to give people a break and you know...judge not lest ye want to be judged kinda thing....ya know..lol) /rant Back to the subject, we would of course love to have as many come and support. This effects us all in every part of the state. Those in power have to follow the same laws as we do...not be above them and pick and choose what suits their agenda.