York County Libraries - Pre-emption violation?

[phoenix01]

How so?? Every state, county, and municipal agency (specifically parks and recreation types) make general rules and regulations concerning use of their facilities. They are not criminalized... and that is the key.

But if I am not mistaken, many of those parks and recreation areas that had verbiage regarding firearms on the signs posted at the parks and recreation areas had to remove said verbiage from the signs due to preemption, didn't they? I seem to remember reading about it on here in various threads.

[phoenix01]

Or... "Haven't you ever heard of the U.S. Constitution..."

I think she preempted me on that too.

[Mitch10mm]

Great. The president or governor will make a rule "no guns"

[PAMedic=F|A=]

It is not a preemption violation unless there is some ordinance making possession of a 1/16th or more of colored blood inside the library illegal. Having rules regarding the operation of the library and not permitting nig*** inside is not preemption.

....

Same thing.
Exactly as a mater of fact, side prohibition of firearms is a vestige of slavery. Such vestiges of slavery prohibited under that pesky Consitution.

https://www.law.upenn.edu/journals/c....561(2012).pdf

[streaker69]

Someone please explain how a "No Guns" sign is any different than a "No Muslims" sign?

[donotknowme]

Someone please explain how a "No Guns" sign is any different than a "No Muslims" sign?

Protected class

[Deleted]

Someone please explain how a "No Guns" sign is any different than a "No Muslims" sign?

You are 100% correct

[Deleted]

If it's a government run facility, they don't get to make rules that are contrary to PA law.



To the OP "She told me that "I know that you have a constitutional right to keep and bear arms, but we don't allow weapons in the library because of all the children.""

The answer is; I carry to protect my children.

And the courts stated in Dillon vs. Erie....

"It could be argued that the City may be empowered under that grant of power from the State to regulate the possession of firearms in its parks pursuant to its proprietary power to control conduct that takes place on its property rather than through an ordinance of general application enacted pursuant to its general police powers. Similarly, Section 11.215 of the regulations of the Commonwealth's Department of Conservation and Natural Resources, 17 Pa.Code § 11.215, generally prohibits “[p]ossessing an uncased device, or uncasing a device, including a firearm, ․ that is capable of discharging or propelling a projectile ․” in state parks, subject to a number of enumerated exceptions. "- See more at: http://caselaw.findlaw.com/pa-common....eUaHr3ll.dpuf

[alpacaheat]

I do know that the library in Hanover is owned and operated by the Borough of Hanover. How does that affect the situation?

Right here on the Borough page under department = library. The library director is listed as a Borough Administrator in their meeting minutes.

http://www.hanoverboroughyorkcountypa.info/Departments.html



More legal info on the Borough library:

Formation - http://ecode360.com/6459561

Bylaws-http://www.yorklibraries.org/web/gue...hrie-our-board

Approved by the Board of Governors on October 16, 2003. Article I: Name
The name of this organization shall be the Hanover Public Library Board of Governors.

Article II: Purpose

The purpose of the board shall be to govern the maintenance and operation of a public library in the Borough of Hanover by

• discussing and recommending policy
• carrying out legal responsibilities
• reviewing the library's day-to-day functions
• assisting the Library Director in solving problems, especially those which relate to community needs and opinions
• reviewing financial progress and the implementation of the budget
• working toward excellent library servicesand by acting as advocates to enrich the positive relationship between the Hanover Public Library and its community.

Article III: Administration

The affairs of the library shall be administered and controlled by Hanover Borough Council through the recommendations of the Hanover Public Library Board of Governors as outlined in Chapter 18, Code of the Borough of Hanover.

Article IV: Membership

The Library Board of Governors shall be composed of nine members,

• three of whom shall be appointed by the Mayor of Hanover,
• three of whom shall be appointed by the Hanover Public Library Association,
• and three of whom shall be appointed by three banks having offices in Hanover Borough

and all of whom shall be subject to approval by the Hanover Borough Council.
All Library Board of Governors members appointed by the Mayor or the Hanover Public Library Association shall serve for a term of three years subject to unrestricted re-appointment.
Attention should be given to appointing members who reside in supporting municipalities.
It is recommended that the appointments be made following consultation with the Library Director.
Members should display an active interest in the Library, a willingness to advocate for library issues, and the capacity to fulfill the duties as outlined. (See Duties and Responsibilities of the Hanover Public Library Board of Governors attached).
Vacancies: The original appointing body shall be responsible for filling vacancies on the Board.
Resignations: Any Board member may resign at any time by giving written notice to the president. Such resignation shall take effect upon receipt of such notice.

Removal: A special meeting may be called for the purpose of removing a Board member. A position shall be declared vacant by a quorum of the Board. Reasons for removal may include but are not limited to missing a total of four meetings in a calendar year, missing three consecutive meetings in a calendar year, or conviction of a crime of moral turpitude. If the vote passes, the removal shall be immediate upon approval of Hanover Borough Council.

Article V: Officers

The Board shall elect from the membership the following officers: president, vice-president and corresponding secretary. This election will take place at the December meeting every two years. The Borough Manager acts as recording secretary. The Borough Treasurer acts as treasurer.
The duties of the officers are as follows:

• The president shall preside at all meetings, set meeting agendas with the Library Director, appoint all committees and representatives, sign appropriate library documents and shall perform such other duties as requested by the Board of Governors, Borough Council or the Library Director.
• The vice-president shall perform the duties of the president in his or her absence and such other duties as may be assigned by the president, the Board of Governors, Borough Council or the Library Director.
• The recording secretary shall keep a correct record of meetings of the Board of Governors.
• The treasurer shall prepare monthly and annual reports on library receipts and expenditures and provide regular reports on library endowment funds.
• The corresponding secretary shall handle all Board correspondence.

Terms of office: Officers shall be elected for a two-year term upon recommendation of a nominating committee of the Board. Officers are limited to two consecutive terms.
Article VI: Standing Committees

The Financial Commission consists of the three members appointed by banks having offices in Hanover Borough. This committee is responsible for the management of endowment fund investments.
The Nominating Committee consists of two members of the Board and the Library Director. This committee is responsible for proposing a slate of officers.
Article VII: Meetings
Unless otherwise ordered, the Board shall meet monthly in the library building on the second Thursday of each month.
Special meetings may be called by the president on her/his motion or at the request of three (3) Board members.
Notice of the regular meetings of the Board shall be mailed to the Board members at least four (4) days in advance of each meeting by the Library Director.
At all Board meetings, a simple majority of the current members of the Board shall constitute a quorum.
Article VIII: Board Liability
The Hanover Borough shall indemnify, to the fullest extent now or hereafter permitted by law (including but not limited to the indemnification provided by Chapter 57, Subchapter D of the Pennsylvania Nonprofit Corporation Law of 1988), each Board Member of the Hanover Public Library who was or is made a party to or a witness in or is threatened to be made a party to or a witness in any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that he or she is or was an authorized representative of the Hanover Public Library, against all expenses (including attorneys' fees and disbursements) judgments, fines (including excise taxes and penalties) and amounts paid in settlement actually and reasonably incurred by him or her in connection with such action, suit or proceeding.
Article IX: Amendments
The Board may amend these by-laws by a quorum vote provided that any proposed amendments shall first be presented and reviewed by the Board and Borough Council at least thirty (30) days prior to the Board meeting when the amendment action is taken.
Approved by the Hanover Public Library Board of Governors, October 16, 2003.
Patricia L. Carey, President
Priscilla Greco McFerren, Director
Approved by Hanover Borough Council, October 22, 2003.
Gary Brown, President
Joyce Zimmerman, Secretary




I believe that would disallow them from preventing you having a firearm since no municipality can make their own laws restricting the carrying of firearms legally. Am I correct on my interpretation of the law?

[streaker69]

Since the library is all about protecting the children, do they have a sign up "No One on Megan's List May Enter"?