Pennsylvania Firearm Owners Association
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  1. #101
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    Mar 2008
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    Hazleton, Pennsylvania
    (Luzerne County)
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    Default Re: Preemption violation: Hazle TWP park, (Hazleton/Harleigh, PA)

    O.K. GUYS... Please let me know if you plan on attending the meeting next Monday... would like to get together again before hand and go in as a group if possible. Either PM me or leave a reply...


    THANKS

  2. #102
    Join Date
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    Hazleton, Pennsylvania
    (Luzerne County)
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    Default Re: Preemption violation: Hazle TWP park, (Hazleton/Harleigh, PA)

    BUMP.............

  3. #103
    Join Date
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    Hazleton, Pennsylvania
    (Luzerne County)
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    Default Re: Preemption violation: Hazle TWP park, (Hazleton/Harleigh, PA)

    BUMP.............

  4. #104
    Join Date
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    Hazleton, Pennsylvania
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    Default Re: Preemption violation: Hazle TWP park, (Hazleton/Harleigh, PA)

    UPDATE ! ! ! ! !

    Well, the Hazle Township has given us a blow.... Their solicitor ( and his friend ) has stated that at the current time the ordinance prohibiting firearms in the Community Park will remain as is. The reasoning behind this is that since the Hazleton School District utilitzed the park pretty much on a daily basis, as well as a weekly use by a day care center, that the park can prohibit us since it does so on school property.... HMMMMM.... since when does ANY location, other than the actual school, become school property. We ( Pa. Patriot and myself ) both disagreed with this comment and let them know that we will be moving forward on other options to rectify this situation. There were other people there also that voiced their disapproval of "law abiding" citizens from carrying guns.

    Guess it will be worth some more work to get this situation changed....

    Thanks again for Pa. Patriot for showing up and giving support to this cause..... He really is a nice guy to talk with and work with.....

  5. #105
    Join Date
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    Hazleton, Pennsylvania
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    Default Re: Preemption violation: Hazle TWP park, (Hazleton/Harleigh, PA)

    Latest news on Hazle Township Community Park from the Tues Aug. 12, 2008 Standard Speaker



    Park called ‘school grounds’ in gun debate

    BY MIA LIGHT
    STAFF WRITER
    Published: Tuesday, August 12, 2008 10:41 AM EDT
    The Hazle Township Board of Supervisors says it fully supports the right of Pennsylvanians to bear arms. But supervisors also want to uphold the rules and regulations that prohibit firearms in Hazle Township Community Park.

    Questions regarding the legality of prohibiting firearms in the park surfaced last month when Paul Schroeder of Hazleton, a member of the Pennsylvania Firearms Owners Association, said park rules are in violation of the state Uniform Firearms Act.

    Schroeder said members of his group sought to rent picnic facilities at the park earlier in the summer to hold a regional membership picnic, but were dismayed to learn that park rules and regulations prohibit carrying firearms in the park.

    Schroeder and fellow association member Richard Banks of Mountain Top challenged the board of supervisors on the legality of the park rule.

    The Uniform Firearms Act states that “no county, municipality or township may in any matter regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by laws of this commonwealth.”

    In response to Schroeder’s and Banks’ challenge, Hazle’s supervisors agreed last month to have its solicitor research the legality of the park regulation and return with a recommendation. As they promised last month, Schroeder and Banks attended Monday’s meeting to follow up on the findings.

    Pointing to the same section of the Uniform Firearms Act that Schroeder and Banks quoted last month, board of supervisors solicitor David Pedri said the law sets specific exceptions to the “open carry” provision.

    Both Schroeder and Banks agreed with Pedri that the law prohibits firearms on school grounds and in day care facilities.

    According to Pedri, the Hazleton Area School District uses the park on a daily basis to serve lunch to students as part of the summer lunch program. Hazleton Area and other schools and childcare facilities hold other programs there, including cross-country practice and meets, field trips, student community service projects, school picnics and field days.

    According to Pedri, the park is considered school grounds when it is used for educational purposes and is, therefore, protected under the Uniform Firearms Act as a gun-free zone.

    Banks said it is a “stretch” for the township to say the park is considered “school grounds” when students are using the facility.

    “Just because the school uses it, I think that’s probably a stretch to make the law cover what you want it to cover, and I’m not sure how that’s trying to shake out,” Banks said.

    Pedri replied, “I disagree on that.”

    Supervisors Chairman William Gallagher said the township has heard from representatives of local schools and child day care facilities who would not be comfortable at the park or would not use the park if the firearm ban is lifted.

    A woman attending Monday’s meeting spoke openly to Schroeder and Banks from her seat in the audience.

    “For your group to have your way and prove your point, you’re going to scare away our groups who bring children to the park,” she said.

    Gallagher said the township will defend the existing park rules and regulations, including the one prohibiting firearms.

    “For the protection of youth in the area, we are standing behind our statute,” Gallagher said.

  6. #106
    Join Date
    Apr 2007
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    Pittston, Pennsylvania
    (Luzerne County)
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    Default Re: Preemption violation: Hazle TWP park, (Hazleton/Harleigh, PA)

    Where does this go next?
    If you park your car there does it become a parking lot?
    troll Free. It's all in your mind.

  7. #107
    Join Date
    Jul 2008
    Location
    Dallas, Pennsylvania
    (Luzerne County)
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    Default Re: Preemption violation: Hazle TWP park, (Hazleton/Harleigh, PA)

    Quote Originally Posted by schr8er2000 View Post
    According to Pedri, the Hazleton Area School District uses the park on a daily basis to serve lunch to students as part of the summer lunch program. Hazleton Area and other schools and childcare facilities hold other programs there, including cross-country practice and meets, field trips, student community service projects, school picnics and field days.
    In order to properly claim that this program turns the park into prohibited “school grounds”, wouldn’t all of this program’s locations have to be turned into “school grounds”?

    Last edited by JCWohlschlag; August 12th, 2008 at 07:23 PM. Reason: I misspelled Hazleton… but they deserved it.

  8. #108
    Join Date
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    Hazleton, Pennsylvania
    (Luzerne County)
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    Default Re: Preemption violation: Hazle TWP park, (Hazleton/Harleigh, PA)

    Thats what I am thinking... along with NO SMOKING in the park, no alcohol... etc.....

    HMMMM.... might even require a dress code...LOL

  9. #109
    Join Date
    Oct 2006
    Location
    Cherry Tree, Pennsylvania
    (Indiana County)
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    Default Re: Preemption violation: Hazle TWP park, (Hazleton/Harleigh, PA)

    So how does a local file a Writ of Mandamus with the Court of Common Pleas? Any idea what it would cost? Can it be done without an attorney?

  10. #110
    Join Date
    May 2007
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    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: Preemption violation: Hazle TWP park, (Hazleton/Harleigh, PA)

    According to Pedri, the park is considered school grounds when it is used for educational purposes and is, therefore, protected under the Uniform Firearms Act as a gun-free zone.
    Is he bestowing this classification on his own? How the hell are we supposed to know when and where a group of students may be somewhere in the community?

    If they stop at a McDonald's during a field trip, and I'm already there with my firearm, I'm now a criminal?? Unbelievable.
    Get your "Guns Save Lives" stickers today! PM for more info.

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