Is this legal?

[PAGLOCK23]

[McMURRAY - Firearms will be prohibited in Peters Township parks and buildings under an ordinance adopted Monday by the township council.







Violation of the ordinance is a summary offense, punishable by a fine of up to $500.
Prohibited firearms specifically defined in the ordinance are pistols, revolvers, shotguns and rifles. The ordinance also prohibits possession of any "other implement for the infliction of serious bodily injury which serves no common lawful purpose."

The buildings included in the prohibition are the municipal building, library, police station, public works facility, tennis center and recreation center. The parks restricted include Peterswood Park, Peters Lake Park, Rees Park, Venetia Park, Elm Grove Park, Arrowhead Trail and Old Trail Park.

The ordinance states that posessing a dangerous weapon in township buildings and facilities "poses an unnessary risk of harm and anxiety to township employees, residents and visitors."

Councilman Frank Arcuri said he received e-mails from some residents objecting to the ordinance, saying they carry weapons at Peters Lake Park while fishing because it is a somewhat isolated area.

Councilman Robert Lewis said he lives adjacent to the park and he was looking at the ordinance as another enforcement tool against what he said is the regular discharge of weapons in the park during hunting season.



Home

Discuss this story





Anyway to stop this? Can they get away with this?

[Pa. Patriot]

Fixed your link:
http://www.observer-reporter.com/OR/...PT_no_firearms

This law is in direct violation of TITLE 18 Chapter 61 Subchapter A § 6120.

Namely:

(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.

Peters Twp has some real brainiacs on the town board. Morons.

[shermdo]

IAMNAL but I read a lot --- In my non - lawyer opinion this is definitely NOT legal. Maybe we should have a meeting to go for a nice walk in the park on Saturday morning?

[Steve in PA]

If its legal to hunt in the park, then its legal to discharge a firearm there (for hunting purposes).

What they are doing is illegal, since they cannot make their own gun laws.

[Pa. Patriot]

Those local to Peters Twp. need to take action on this. Try to get it on your next town meeting.

Meanwhile... here is the link to the letter to the editor for the newspaper that ran the above story:
http://www.formassembly.com/forms/37797

Send a nice note pointing out that the readers of the publication will most likely be interested to hear that what Peters Twp did was a waste of twp time and money as it is not enforceable.

[Pa. Patriot]

Here is my LTE draft.

Corrections & comments welcome:
--

This letter is in reference to the article entitled "Peters Twp. adopts ban on guns in parks, buildings " as ran in your publication on 11 July 2007.

Your readers may be interested to know that the law Peters Twp passed is in direct violation of PA statute TITLE 18 Chapter 61 Subchapter A § 6120 "Limitation on the regulation of firearms and ammunition."

I quote the relevant section of the statute:

"(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."

Note that there are no exceptions to this portion of the statute.
Also note that the Pennsylvania Supreme Court has upheld that carrying a firearm is considered "possession" per the above statute. [Ortiz v. Commonwealth. 545 Pa. 279, 681 A.2d 152 (1996]


I find it amazing that the township council would enact a law, by way of using township monies and resources, that is not enforceable and illegally enacted. Are they ignorant of the laws they must follow?
This is a serious issue. Furthermore, this township law is potentially exposing law enforcement officers to second degree misdemeanor charges or worse if they were to try and enforce this preempted local code, provided they knew it was preempted.

There is a good reason these type of laws are now preempted by the commonwealth. Localities can not deny citizens rights guaranteed by the constitution of this commonwealth.

In my opinion it is time for citizens of Peters Township to take a serious look at whom they choose to represent them, right after they mobilize to have the council remove this preempted law.

[Pa. Patriot]

No suggestions or comments?
I want to fire this off today

[MarcS]

fire it off. looks good.

[Penguini66]

fire it off. looks good.

Ditto! Short and sweet and to the point.

[Emptymag]

No suggestions or comments?
I want to fire this off today

Damn. I thought you were posting that as a "template" for those of us who are "local".

It does look good.
Brief, to the point and factual, while being non-confrontational... bravo to you, kind sir.


I can't seem to give Pa. Patriot a rep point at this time... perhaps someone else could do so for his work on the behalf of others?
Give the man some credit here folks! This is the stuff we ALL should do but...