Shamokin Dam Borough (Snyder County) Preemption Violation

[kcr121]

I mailed the below letter to the Shamokin Dam Borough Council today. I will post any response in this thread.

[kcr121’s address]


February 16, 2014

Borough Council
Shamokin Dam Borough
42 West 8th Avenue, Suite 1
P.O. Box 273
Shamokin Dam, PA 17876


Members of the Shamokin Dam Borough Council:

I am writing to bring to your attention two ordinances of the Shamokin Dam Borough (“the Borough”) relating to parks and recreation areas that appear to be in violation of Pennsylvania law. The Borough Code of Ordinances (“the Code”) §16-103 (J) states the following:

“No person in attendance at a park shall…[c]arry…any firearm…unless permission has been granted by the Borough Manager in designated areas.”

In addition, §16-103 (S) of the Code states the following:

“[I]t 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 Manager.”

It is my belief that these ordinances are in violation of Title 18, section 6120, subsection (a) of the Pennsylvania Consolidated Statutes, which states:

“No county, municipality or township may in any manner regulate the lawful…possession…or transportation of firearms…when carried or transported for purposes not prohibited by the laws of this Commonwealth.”

It appears that §16-103 of the Code was adopted in 1992. The preemption statute in 18 Pa.C.S. §6120 (a) was passed in 1995 under the Uniform Firearms Act; however, it does not contain any exemptions or provisions for the grandfathering of municipal regulation of firearms possession within parks, so in any event, §16-103 (J) and (S) of the Code as they stand today are improper and unenforceable under the laws of the Commonwealth of Pennsylvania. It should also be noted that enforcement of the current ordinances would expose the Borough to potentially costly litigation.

I respectfully request that that the Shamokin Dam Borough Council look into this matter and advise when the ordinance is amended to comply with Pennsylvania law.

Sincerely,

[kcr121]

[PAMedic=F|A=]

I also believe the signs at the courthouse are not in compliance, but I had no problems checking my firearm.

However I believe they are no longer using security, but a deputy, so I do no know if that has changed the process.

[JenniferG]

Don't tell them about footnote #9. The public no longer owns the property and can be considered private property and the Supervisors can make any law they want just ask their Solicitor. Law no longer matters to some.