Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
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    Default How can I change a preemption violation?

    As we're beginning to see, there is no shortage of preemption violations around the state, and I feel certain that there are many more that we have yet to discover. Some have been addressed by a single person, completely on their own. Others have prompted more organized efforts. Either way, there are some tool that you may find useful if you want to personally involve yourself. Since this thread is meant as a reference/tool, it will remain locked to prevent clutter from discussion. If you have a suggestion for a revision or addition, please contact me via PM and we will consider it.

    Thanks to Statkowski and Pa. Patriot for much input and assistance in this matter.

  2. #2
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
    Age
    46
    Posts
    10,556
    Rep Power
    8408608

    Default Re: How can I change a preemption violation?

    Template for statement
    Good evening, My name is [name]. I'm a resident of [nearby – if applicable] [hometown] and I'm accompanied [tonight/today] by [some friends of mine] from [hometown]. We are here to bring to the attention of the [city council/borough council/board of supervisors] a [park rule/regulation/ordinance] that appears to be in violation of state law. We became aware of this issue when [applicable circumstances].

    It is my understanding that the firearms prohibition portion of this [rule/regulation/ordinance] is in violation of Title 18, Chapter 61, subchapter A (otherwise known as The Uniform Firearms Act) specifically subsection 6120 which states: "General rule: 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.”

    The preemption statute I quoted was passed in 1995. I am unsure when [rule/regulation/ordinance – specific reference] was passed, and understand that it may have been in place before 1995, explaining why it may have been overlooked. However, there was no grandfathering of existing limitations, so in any event, the [rule/regulation/ordinance] as it stands today is improper.

    I know some people might want to know why someone would want to carry a firearm [wherever applicable], and the answer may be as simple as they carry a firearm daily. I know I do. But that question is not really the issue. The preemption statute I quoted is very important for Pennsylvanians that legally carry a firearm in that it removes the problem of a traveling citizen of running afoul of a myriad of local laws prohibiting where you can and can not carry a firearm. In other words, licensed or otherwise legal carriers of firearms in Pennsylvania can carry everyplace not prohibited by state law.

    Of particular interest to the [city/borough/township] is that since this rule is unenforceable, there could be negative consequences should an unknowing person, or even one choosing to ignore the rule knowing it is null and void happen to be cited or otherwise confronted. If a police officer were to “enforce” such rule or ordinance, wrongful arrest and abuse of office charges could be laid on the officer, the police department and the [city/borough/township] – not an inexpensive proposition.

    We respectfully ask that the [city council/borough council/board of supervisors] please look into this matter. I thank you all for your time and we look forward to following up next month for any updates. Thank you.
    Last edited by gnbrotz; July 27th, 2010 at 05:56 PM.

  3. #3
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
    Age
    46
    Posts
    10,556
    Rep Power
    8408608

    Default Re: How can I change a preemption violation?

    "OK - I've copied the template and filled in the info needed to make it specific to my situation. Now what?"

    Well, you could mail it, but this is not recommended, as it will be very easy for them to ignore. If you do decide to mail it, make sure you send it Certified Mail w/ Return Receipt. This way, if they do ignore it, and you decide to proceed with the recommended course of action below, you will have proof of your prior efforts.

    Recommended course of action:
    1. Find out when and where the next meeting is
    2. Find out if public comment is permitted or if you need to be on the agenda in order to speak
    3. Find out if there is a time limit for your comments
    4. Get on the agenda if necessary
    5. Attend the meeting, present your statement to the council/board/etc.
    6. Be prepared with at least one copy of your statement to present for them to keep. Having one for each member and the solicitor would be even better
    7. Include a copy of 6120 (the Preemption Statute) with your statement

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