Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Feb 2007
    Location
    Apolacon Township, Pennsylvania
    (Susquehanna County)
    Age
    77
    Posts
    5,806
    Rep Power
    21474859

    Default 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".

  2. #2
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
    Age
    53
    Posts
    11,846
    Rep Power
    21474864

    Default 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.

  3. #3
    Join Date
    Feb 2007
    Location
    next to my neighbor, Pennsylvania
    Posts
    13,641
    Rep Power
    21474867

    Default Re: Towanda Borough Possible Preemption VIolation

    Damn, haven't been there since the 80s. Dont tell me they are going full jersey...

  4. #4
    Join Date
    Aug 2007
    Location
    Moscow, Pennsylvania
    (Lackawanna County)
    Posts
    324
    Rep Power
    206732

    Default Re: Towanda Borough Possible Preemption VIolation

    Sounds like a Homeowners Association rule.

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