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Thread: Fallston , Pa violation
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June 26th, 2017, 10:34 PM #1
Fallston , Pa violation
I noticed this sign at their playground. Is it a violation? I was going to email them about it. How does this sound?
I was recently in Fallston and noticed the playground rules. Rule number 7 is in violation of Pennsylvania Statutes Title 18 Pa.C.S.A. Crimes and Offenses § 6120.
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June 26th, 2017, 11:50 PM #2
Re: Fallston , Pa violation
Lots of NOs there, They missed smoking.
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June 27th, 2017, 12:05 AM #3Banned
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Re: Fallston , Pa violation
I'm no expert, but I do believe it is a violation...
unless it is somehow attached to school property. And you didnt mention a school nearby, so probably is a violation. Ha! I'm just inagining some nebby old biddy of a councilwoman, empowered by the board to write a set of rules for the new park. Sitting there on her fat old ass smoking a cigarette in front of her computer. I'm surprised nothing is misspelled. Here's a good one for ya. This is at Hartwood Acres in Allegheny County:
Effect_20170627_001648.jpgLast edited by FJW; June 27th, 2017 at 12:18 AM.
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June 27th, 2017, 07:27 AM #4
Re: Fallston , Pa violation
Where is there a playground in Fallston? I live up by the Circle K on Darlinton rd.
Go sell crazy some where else, we're all stocked up here.
Political power grows from the muzzle of a gun.
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June 27th, 2017, 07:46 AM #5Super Member
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Re: Fallston , Pa violation
Looks like a "rule" and not a law. Phil Gunlawyer has spoken about this a bunch, I believe. They could theoretically bust you for trespassing, I think. Untested in higher courts.
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June 27th, 2017, 07:50 AM #6Grand Member
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Re: Fallston , Pa violation
Interesting how they phrased...No illegal use of drugs and alcohol.
The could have phrased firearms the same way, and I would be good with it.
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June 27th, 2017, 08:17 AM #7
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June 27th, 2017, 09:02 AM #8Banned
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Re: Fallston , Pa violation
I think it legal. The basis is the fact that a property owner has a right to control access to and use if the owned property. Just like a business owner can post a property with a no guns allowed sign. Clearly that is not legally binding under PA on a person who enters with a gun. However, the owner of the business or property can ask you to leave. If you refuse to leave you are then trespassing. The fact that the property is owned by a local government seems to me to be no different than if it were owned by a private party. Not being a lawyer I cannot be certain of my conclusion, but it makes sense to me. Eegads that might be reason enough to debate my conclusion.
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June 27th, 2017, 09:34 AM #9
Re: Fallston , Pa violation
Given your short tenure here, I will wager you haven't read all (or even many of) the threads regarding local municipalities and preemption violation. That said, you touch on points that gunlawyer001 has since he joined this forum.
I'm not digging up the actual text right now, but in short, no government in PA below the state may make any laws (purchase, possession, storage, carry, etc.) regarding firearms and/or ammo more stringent than what the state has.
Fallston cannot pass an ordinance saying it is illegal to have a gun in the park, because the state does not say it is illegal - that's how preemption works. However, by your logic above - and gunlawyer's logic in many threads - they should be able to control the use of the property in some way.
I can personally argue either side of this, because I have not spent sufficient time mentally debating myself to lock down an opinion one way or the other. In any case, I don't think a legally carried firearm should be treated any differently than a legally carried book in the park, so I'm always going to side with the gun owner on this, but the *legality* of the banning method remains a question.
Use the search function. LOTS of thought provoking reading available on the topic.
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June 27th, 2017, 11:16 AM #10
Re: Fallston , Pa violation
Government property owner argument seems to me is just back door regulation. I'm sure I'm missing something?
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