Can County, Township, cities ect make there own firearm laws?

[Asylum9]

I thought I remembered reading some where that county's and townships couldn't make there own firearm laws. Is this correct and where is it?
My specific question is I live in centre county and there use to be no firearm signs at some of the local parks and playgrounds. Some of those signs have been either revised or removed but the other day we went to a park (Circleville park) in I think either Patton or Ferguson Township and I noticed a sign that said no firearms, air rifles, anything that can discharge a projectile basically.

What's the ruling on carrying in these public parks, playgrounds and recreation areas? I thought there was a federal or state law that stated Townships couldn't make there own off limit areas.

Thinking back on it I don't remember if the sign might of specific stated that the discharge of any such device might be a violation or not.
I'd be carrying a pocket pistol when we go so no one would be the wiser. What they should really worry about is dogs running around uncontrolled off there leash or that weird creeper just hanging out in his car.
I'd prefer to follow the law unless it's a infringement of my rights then it needs challenged

[alpacaheat]

No. They must follow State law.

Letters should be written to that local municipality citing law and demanding the signs be removed.


Section 6120(a):

(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.

[alpacaheat]

If you're not able to get anywhere with the government officials, ask FOAC to step in and take action. That's what they do and they usually succeed.

https://foac-pac.org/

Full law to reference:
https://foac-pac.org/Pennsylvania-Firearm-Laws

§ 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.
(a.1) No right of action.—
(1) No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.
(2) Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.
(b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Dealer." The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition.
"Firearms." This term shall have the meaning given to it in section 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 6304 (relating to sale and use of air rifles).
"Political subdivision." The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.
(18 Pa.C.S. § 6120)
§ 2962. Limitation on municipal powers.
* * *
(g) Regulation of firearms.—A municipality shall not enact any ordinance or take any other action dealing with the regulation of the transfer, ownership, transportation or possession of
PENNSYLVANIA LAWS RELATING TO FIREARMS
firearms.
* * *

[tl_3237]

Only the state can make LAWS regarding "the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported" . Lower level governmental units (county, town, township, etc) cannot use their legislative powers to make ordinances with legal penalties in that very area that the state has claimed exclusivity (ref 18 Pa CS 6120)

However, whether they can assert the right to make rules (as distinguished from laws) as the property owner is a matter of spirited debate.

[alpacaheat]

Only the state can make LAWS regarding "the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported" . Lower level governmental units (county, town, township, etc) cannot use their legislative powers to make ordinances with legal penalties in that very area that the state has claimed exclusivity (ref 18 Pa CS 6120)

However, whether they can assert the right to make rules (as distinguished from laws) as the property owner is a matter of spirited debate.

The distinction being with the punishments.

If you break a State firearms law, you can be charged with a felony firearms charge and possibly lose your rights to own or carry.

If you break a park or building rule, they can only ask you to leave and as worst you could be charged with defiant trespassing if you refuse. Some municipalities confuse laws and rules when attempting to enforce.

[jthrelf]

Yes it is a null and void sign/regulation because of state law. That said, you could still be arrested by law enforcement who doesn't know any better. In my opinion, I would still carry and not obey an improper sign.

You should contact the township administrator to get the sign corrected or replaced. A simple citation of the statute and request should hopefully be enough to get them into compliance.

[tl_3237]

The distinction being with the punishments.

If you break a State firearms law, you can be charged with a felony firearms charge and possibly lose your rights to own or carry.

If you break a park or building rule, they can only ask you to leave and as worst you could be charged with defiant trespassing if you refuse. Some municipalities confuse laws and rules when attempting to enforce.

Assuming that they have the rights of a private property owner and that they have 'no firearms' posted "in a manner ... reasonably likely to come to the attention of intruders" then a defiant trespass offense is committed by the mere possession of a firearm - no request to leave required. That said, you will most likely be asked to leave and your compliance will end the matter without prosecution for the precursor offense.

[Smilez226]

Allll this ^^ above me. Is exactly why I like this place. I did not know about this for certain. It is good to know. Usually I just simply read a sign and turn around even on public grounds and ect. If it says I can not carry. I'm not expert on law but I try to learn my rights and practice common sense. I have zero want to be arrested for anything.

[Asylum9]

Thanks for the advice and comments. The next time I go back I will double check exactly what the signage States and take steps from there.

[normanvin]

If you're not able to get anywhere with the government officials, ask FOAC to step in and take action. That's what they do and they usually succeed.

https://foac-pac.org/

Full law to reference:
https://foac-pac.org/Pennsylvania-Firearm-Laws

I remember a time when pafoa would handle things like this themselves.