Guns banned in County park UPDATE: WIN!

[sdsorrentino]

I took my dog and wife to Rodale Park today to enjoy a stroll around the fitness path.

http://tinyurl.com/oqxk3r

For those not familiar with it, Rodale Park, near Allentown, has a velodrome on one side of the street and on the other, there is a 24 foot wide paved fitness path for bikes, roller blades and pedestrians. This is a county property, so i think that the posted rule banning firearms violates the State preemption law. it is my intent to write a letter to Lehigh County asking them to remove this illegal "rule." does anyone have any advice on how to word something like that?

Update: Today, 6-9-09 i received a voice mail message from Frank Kane, the Lehigh County Exec's Chief of Staff. He said that we were correct and in the next two weeks someone will be around to each of the County parks to cover or remove the prohibition. Complete sign changes will take a bit longer. A formal letter will be sent to me as well.

[Kimba]

There is a template for a letter here:

http://forum.pafoa.org/pennsylvania-...violation.html

Good luck. If the county refuses to change, post it and ask for support to attend meetings.

[Curmudgeon]

I couldn't find anything at the link you posted. By "posted rule banning firearms" are you referring to a sign at the site?

[Statkowski]

Here's a copy of what worked for Indiana County:

http://forum.pafoa.org/concealed-ope...nty-parks.html

[ROCK-IT3]

Not trying to play devil's advocate here, but the page you linked to only says that the velodrome is owned by the county. Is it possible that the rest of the park is privately owned by Rodale?

[schr8er2000]

researching under Lehigh County parts, it IS listed as a county park... so preemption WOULD apply... send the letter and keep us posted at to its results.. I can see a possible FIELD trip coming up...lol

[sdsorrentino]

By "posted rule banning firearms" are you referring to a sign at the site?

yes, sorry not to be clear. it is on the rule board at the site.

Not trying to play devil's advocate here, but the page you linked to only says that the velodrome is owned by the county. Is it possible that the rest of the park is privately owned by Rodale?

i believe that the situation is that Jim Rodale built the place and eventually donated it to the county to be used as a park. The county maintains the place, and the county's name is all over it. The velodrome is county property as well, but they have a non-profit corp that runs the actual bicycling stuff. it's a fantastic resource for local cyclists.

i'll look at the letters and draw something up. thanks for the help. i'll let you all know how it turns out.

[sdsorrentino]

ok, whipped something up using one of the formats

May 25, 2009

Re: Rodale Park Rules and Regulations

Don Cunningham
Lehigh County Executive
17 South Seventh Street
Allentown, PA. 18101-2400

Dear Mr. Cunningham:

As you are aware, the Commonwealth’s Uniform Firearms Act (1995) reads as follows:

18 Pa. C.S. §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.

The currently posted rules at Jim Rodale Fitness Park, however, do just that. Perhaps it was not corrected when the Uniform Firearms Act came into being? Perhaps it was overlooked when you last updated the sign. In any event, it purports to prohibit the lawful carrying for firearms for self-defense by stating that firearms are not allowed in the park.

Because of the Commonwealth’s pre-emption law this sign is null and void since it exceeds the authority of the county commission, and is in violation of state law. County government may indeed regulate the discharge of firearms, but not the carrying of them. Should a deputy sheriff, park police or other police officer “enforce” such rules, wrongful arrest and abuse of office charges could be laid on the officer, and civil rights violations be filed against the police officer, the police department and Lehigh County – an expensive proposition for any defendant.

As stated, I am assuming this is just an oversight on your part and will be immediately rectified. With record numbers of Pennsylvanians applying for and being granted Licenses to Carry Firearms (and “open carry” requiring no license at all) it is important that any such signage at County parks be changed. As a License holder myself, I routinely carry my firearm everywhere not prohibited by law.

Very respectfully,




__________________
Sean D. Sorrentino
Very respectfully,
Sean Sorrentino

any thoughts before i print it and sign?

also, the next meeting of the Lehigh county commisioners is on Wednesday. should i just go there and make my case in open session?

[TinGLOCK]

I have no experience writing such letters, but I think it reads well. I just wanted to bring this to your attention:

Perhaps it was not corrected when the Uniform Firearms Act came into being? Perhaps it was overlooked when you last updated the sign.

Good luck and keep us posted.

[Statkowski]

Go for it, kiddo! It worked for me with Indiana County. You're not coming on in an adversarial manner, so you'll not be bending anyone's nose out of joint.