Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Feb 2014
    Location
    lower merion, Pennsylvania
    (Montgomery County)
    Posts
    89
    Rep Power
    29867

    Default Lower Merion Preemption??

    I thought LM did not have any preemption with parks, since at the entrance to the parks I've been to it did not mention guns as one of the prohibited items.

    Yet in the code, it says as follows:

    109-16
    Firearms; fireworks.
    [Amended 4-20-2011 by Ord. No. 3942]
    No person except authorized members of the Police Department shall carry or discharge firearms of any kind in a park without a special permit, unless exempted. The promiscuous use of javelins, arrows, discuses or similar athletic equipment dangerous in character is prohibited unless used under the direct supervision of an authorized playground supervisor. The use of firecrackers, fireworks or rockets is prohibited.
    Would this mean that anyone without an LTCF or anyone without a LM permit to have a weapon at a park would be in violation of the code? Does the part of the code prohibiting weapons run afoul of the preemption?

    -edit- I emailed the Township Manager who just joined LM from West Chester, so we'll see what he says.
    Last edited by sir Joseph; May 29th, 2014 at 01:04 AM.

  2. #2
    Join Date
    Feb 2014
    Location
    delco, Pennsylvania
    (Delaware County)
    Posts
    923
    Rep Power
    3958262

    Default Re: Lower Merion Preemption??

    Quote Originally Posted by sir Joseph View Post
    I thought LM did not have any preemption with parks, since at the entrance to the parks I've been to it did not mention guns as one of the prohibited items.

    Yet in the code, it says as follows:


    Would this mean that anyone without an LTCF or anyone without a LM permit to have a weapon at a park would be in violation of the code? Does the part of the code prohibiting weapons run afoul of the preemption?

    -edit- I emailed the Township Manager who just joined LM from West Chester, so we'll see what he says.

    i would think that ltcf or legal open carry would be an exemption.

    funny about the javelin throwing. i saw a sign disallowing that in a morton park too. was there been a rash of javelin trowing that has preciptated that addition?

  3. #3
    Join Date
    Feb 2014
    Location
    lower merion, Pennsylvania
    (Montgomery County)
    Posts
    89
    Rep Power
    29867

    Default Re: Lower Merion Preemption??

    I received a reply that he is aware that preemption is illegal and he was not aware of any language in LM code that is violating that and he will look into it, but as I noted, the code is not posted at any parks.

  4. #4
    Join Date
    Jul 2013
    Location
    N.E., Pennsylvania
    (Susquehanna County)
    Posts
    793
    Rep Power
    21421188

    Default Re: Lower Merion Preemption??

    Just in case someone stumbles across this thread.. LM lost and lost their appeal.. http://forum.pafoa.org/showthread.php?t=323235

    Big thanks to SigForLife
    Retired US Army
    NRA Life Member, GOA, USCCA
    "Artificial intelligence is no match for Natural Stupidity"

  5. #5
    Join Date
    Dec 2008
    Location
    Delco, Pennsylvania
    (Delaware County)
    Posts
    1,198
    Rep Power
    293738

    Default Re: Lower Merion Preemption??

    I want to know when we are all going to a LM park for a cookout and wienie roast?
    NRA Training Counselor, Chief Range Safety Officer, NRA Benefactor Member



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