READ FIRST: Where you CAN and CANNOT Carry weapons in the State of Pennsylvania

[knight0334]

Municipalities really cannot prohibit carrying in such open places due to preemption, Private entities can. Now, municipalities can in locations where they own and the respective area is of a limited or restrictive access(like behind the reception area, in the offices of a building). Those areas would certainly fall under trespass.

HOWEVER, with that above, it doesn't mean some county, appeals, or state Supreme court won't side with the municipality. Now our official stance is to "not violate" laws, rules, etc. But you know, what they don't know usually doesn't hurt them and sometimes it is easier to ask forgiveness than for permission should something happen.

[GunLawyer001]

Anyone can have a "policy" against guns on property they own, but PA Preemption means that local govt can't pass an ordinance with penalties to back it up. They have the same power as Walmart does to slap a sign on their entrance, and if they spot you violating it, they can ask you to leave. If you refuse to leave after a demand by the property owner, then the game changes, now you're trespassing, same as if they told you to leave because you smell bad, are harassing customers, are wearing white after Labor Day, or for any reason other than "we don't allow negroes or gays or cripples".

There are some subtle glosses on this, but the smart money is betting this way. You can't be fined for carrying in a local park based on a local ordinance, but you can be arrested for refusing to leave upon lawful demand. So if they tell you to leave, you leave. You don't get into a Constitutional debate on the trail or in their lobby, you leave, because it's not your property (let's not get into "we the citizens own all govt property", that's not how it works). When the owner or his representative tells you to go, you go. If you think you have a strong argument, note the names of everyone involved, hire a lawyer when you get home, file a Section 1983 claim.

[jthrelf]

I've been carrying on the SRT for a long time. The signs don't mean much to me especially given preemption.

[Jhaydeno]

Many municipalities try to pawn off responsibilities on projects like this to a development corporations and authorities. Do a little digging and you will find many are nothing but an extension of government. For example, the Philadelphia convention center bans firearms but technically they can't, as they are an authority as defined by the state (back in the 40's I believe).


From their own website, "Philadelphia Parks & Recreation - Schuylkill Banks is owned by the City of Philadelphia. Parks and Recreation manages the space in partnership with SRDC."

https://www.schuylkillbanks.org/partners


As our own great GunLawyer will tell you, arguing that point on the side of the trail with a PPD officer with less than a 100 IQ, will get you nowhere (there's only one authority they know of, and it's their own, Junior...). Tape the interaction, get names, and leave. Arguments can be made later and it will keep you out of the pokey.