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September 30th, 2018, 07:14 PM #1
Towanda Borough Possible Preemption VIolation
Spoke to a chap yesterday who resides in a multi-family rental unit in Towanda. According to him, reloading and keeping ammo making components in such a dwelling unit is against Towanda's code. Can anyone verify this.
Such a code if it exist seems to violate PA's State Pre-emption clause From Chapter 61 Title 18 Section 6120 which states:
§ 6120. Limitation on the regulation of firearms and
ammunition.
(a) 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.
(a.1) No right of action.--
(1) No political subdivision may bring or maintain an
action at law or in equity against any firearms or ammunition
manufacturer, trade association or dealer for damages,
abatement, injunctive relief or any other relief or remedy
resulting from or relating to either the lawful design or
manufacture of firearms or ammunition or the lawful marketing
or sale of firearms or ammunition to the public.
(2) Nothing in this subsection shall be construed to
prohibit a political subdivision from bringing or maintaining
an action against a firearms or ammunition manufacturer or
dealer for breach of contract or warranty as to firearms or
ammunition purchased by the political subdivision.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Dealer." The term shall include any person engaged in the
business of selling at wholesale or retail a firearm or
ammunition.
"Firearms." This term shall have the meaning given to it in
section 5515 (relating to prohibiting of paramilitary training)
but shall not include air rifles as that term is defined in
section 6304 (relating to sale and use of air rifles).
"Political subdivision." The term shall include any home
rule charter municipality, county, city, borough, incorporated
town, township or school district.
(Oct. 18, 1974, P.L.768, No.260, eff. imd.; Dec. 19, 1988,
P.L.1275, No.158, eff. 180 days; Oct. 4, 1994, P.L.571, No.84,
eff. 60 days; Dec. 15, 1999, P.L.915, No.59, eff. imd.)
"Those who can make you believe absurdities can make you commit atrocities".
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October 1st, 2018, 03:50 PM #2
Re: Towanda Borough Possible Preemption VIolation
A quick browse of their code (via eCode360) didn't turn anything up for me, though they do regulate discharge of firearms, unless you apply for and receive their permit, which only allows limited, permitted uses.
Perhaps there's a landlord imposing the restriction *claiming* town code is the impetus?Get your "Guns Save Lives" stickers today! PM for more info.
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October 1st, 2018, 04:10 PM #3
Re: Towanda Borough Possible Preemption VIolation
Damn, haven't been there since the 80s. Dont tell me they are going full jersey...
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October 1st, 2018, 06:48 PM #4Senior Member
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(Lackawanna County) - Posts
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Re: Towanda Borough Possible Preemption VIolation
Sounds like a Homeowners Association rule.
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