Preemption Violation question.

**Sir Knight** · July 12th, 2009, 10:45 AM

We all know that individual towns can not make their own laws with regards to firearms. That is unlawful. Yet, it seems to happen all of the time. Other than having to change the unlawful law when caught, what "punishment" do/can they receive for enacting such unlawful laws?

I mean, anytime you are I break a law on the books, there is some sort of "punishment" associated with it. Why doesn't the same apply to towns who enact unlawful firearm laws? If the towns and or the sponsors of said bill were held accountable for breaking state law, perhaps this would happen less often.

Anything we can do about that?

**tl_3237** · July 12th, 2009, 11:41 AM

Actually, passing an anti-6120 ordinance is not 'unlawful' in the sense of subjecting the actor to criminal/civl penalty but it is 'unenforcable'. The text of the pre-emption is 'may not' as opposed to 'shall not'.

There is no penalty per se for passing laws for which no authority exists unless it is done in full knowledge of that lack of authority. If a person incurs damages as a result of prosecution under a knowlingfully passed or maintained pre-empted 'law' then civil penalties can be assessed by a court against the political subdivision.

**Pa. Patriot** · July 12th, 2009, 12:43 PM

§ 6119. Violation penalty.

Except as otherwise specifically provided, an offense under this subchapter constitutes a misdemeanor of the first degree.

Good luck getting a DA to prosecute a board of supervisors. Typically one of the least researched (by voters) elected positions and typically filled by incompetent boobs who play political favorites. But that's JMHO, sorry for rampling

**Kimba** · July 12th, 2009, 12:49 PM

I believe thay Daryl Metcalfe is working on a bill that will allow for financial penalties to be brought against boroughs and townships that enact these type of laws.

**Sir Knight** · July 12th, 2009, 01:50 PM

Originally Posted by Kimba

I believe thay Daryl Metcalfe is working on a bill that will allow for financial penalties to be brought against boroughs and townships that enact these type of laws.

Hope it is successful. Those who make the laws and enforce the laws should be held to an even HIGHER standard. If we can't use ignorance as an excuse, neither should they be allowed to do so.