PSAB (Pa. State Assoc. of Boroughs)

[Statkowski]

The Pennsylvania State Association of Boroughs (PSAB) is a nonprofit/nonpartisan association operated by the boroughs of the Commonwealth to promote effective local government practices and initiatives.

Part of its promoting effective local government practices and initiatives includes making available sample borough ordinances, capable of being tailored to specific borough needs and circumstances.

Listed under PSAB’s sample ordinances is one titled “Parks & Recreation.” Section 9 of this sample ordinance, titled “Prohibited Acts,” includes the following subparagraph:

“K. No person shall possess any firearms, knives, air guns, BB guns, slingshots or any other type of weapons.” [Emphasis added.]

Upon discovering this sample, I immediately compared it to 18 Pa. C.S. § 6120(a), which states the following:

“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.” [Emphasis added.]

Now, I’m not an attorney at law, but it seems to me that the PSAB’s sample ordinance is, in part, in direct conflict with state law since the sample ordinance addresses possession. Of course, I could be wrong.

I wrote to the PSAB and recommended they amend the offending portion of their sample ordinance to include the phrase, “when carried or transported for purposes not prohibited by the laws of this Commonwealth.”

After a second request, PSAB finally responded to my recommendation and stated that they do not review or write ordinances and, since they provide a legal disclaimer with the sample ordinance, they recommend that the borough’s solicitor review all ordinances provided by them.

How many borough solicitors are familiar enough with the Uniform Firearms Act that they would spot the offended portion of the sample ordinance?

How professional it is for an organization to provide a sample ordinance that appears to be in direct conflict with state law, and then refuses to correct their error?

The sample ordinance can be found here.

This is their disclaimer for the sample ordinance:

“This is a sample ordinance. We suggest that it be modified, as appropriate, to fit the needs of your borough. We also suggest that all proposed ordinances be reviewed by your solicitor. Although these are samples of ordinances which have been adopted by other municipalities, the Association cannot assume responsibility for ensuring their legality. We are pleased to provide this service free of charge to our members. If we can be of further assistance, please do not hesitate to contact us: PENNSYLVANIA STATE ASSOCIATION OF BOROUGHS, 2941 North Front Street, Harrisburg, PA 17110. 717-236-9526.”

So, am I to assume that it’s an acceptable practice for the PSAB to provide to its members sample ordinances that may either be unconstitutional or violate existing state law? After all, they do include a disclaimer with the sample ordinance.

My response to their reply (which has since been unanswered) was as follows:

Dear Ms. Houk,

You wrote, "PSAB does not ... review or write ordinances ... ."

Am I to assume that you make SAMPLE ordinances available, without any care for their content? Writing an ordinance might indeed be "practicing law without a license," but I fail to see what this has to do with providing a SAMPLE ordinance.

Providing a SAMPLE ordinance that is patently in violation of state law, and then claiming, "Oh, look, we included a disclaimer," and then expecting a Borough Solicitor to discover your error, does not sound very kosher. On a personal note, I have no confidence that our Borough Solicitor, who also serves as an Assistant District Attorney for a nearby county, would discover that particular error already discussed.

I do believe that if you are going to provide SAMPLE ordinances, they should not violate state law. Your SAMPLE ordinance addresses possession of firearms, and state law clearly states that no borough, township or county may make any ordinance addressing possession.

Fix the SAMPLE ordinance.

Please.

Sincerely,
Henry Statkowski
Borough Councilman
Cherry Tree Borough

Perhaps a letter on PAFOA letterhead to the PSAB might resolve this issue?

[LittleRedToyota]

Councilman,

I just wanted to take this opportunity to thank you for all of your efforts (not just this, but various things you have done in the past also) on behalf of PA gun owners.

I don't live in your borough, so I can't vote for you in your local elections, but, if you ever run for state office, you certainly have my vote.

You are a great American...we need more freedom loving people like you in all levels of government.

Thanks again.

Stan