Pennsylvania Firearm Owners Association
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  1. #1
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    Default Is Ross Township denying us our rights again?

    I came across this in the Ross Township ordinances. Check out the date of the ordinance for one, and then the discrepancy with the PA Uniform Firearms Act:
    From the Ross Township Ordinance page.
    http://www.ross.pa.us/Ordinances/pdffiles/06.pdf
    §302. Use of Air Rifles, Bow and Arrows, or Similar Devices Restricted. It shall be
    unlawful for any person to discharge any air rifle, air pistol, spring gun, spring pistol, B-B gun,
    bow and arrow, or similar device, or any implement that is not a firearm but which impels a
    pellet of any kind with a force that can reasonably be expected to cause bodily harm, at any place
    within the Township, except as provided in §303 of this Part, and except on a target range which
    is properly constructed to trap or stop the projectile as ascertained by the Chief of Police. (Ord.

    1726, 10/14/1991)
    §303. Exceptions. This Part shall not apply to:
    A. Persons licensed to hunt in this Commonwealth while actually engaged in
    hunting where permitted under the laws of the Commonwealth of Pennsylvania;
    B. Members of any organization incorporated under laws of this Commonwealth
    engaged in target shooting upon the grounds or property belonging to or under the control
    of such organization; and
    C. Any law enforcement officers when used in the discharge of their official duties.
    (Ord. 1726, 10/14/1991)
    §304. Penalties for Violation. Any person who shall violate any provision of this Part
    shall, upon conviction thereof, be sentenced to pay a fine of not more than six hundred dollars
    ($600.00) and costs, and in default of payment, to imprisonment for a term not to exceed thirty
    (30) days. (Ord. 1726, 10/14/1991)


    I found this in my attempt to clarify the issue:
    PA Uniform Firearms Act

    §6304. Sale and Use of Air Rifles..
    (c) Exceptions.

    (iii) used in or on any private grounds or residence under circumstances when such air rifle can be fired, discharged or operated in such a manner as not to endanger persons or property, and then only, if it is used in such manner as to prevent the projectile from transversing any grounds or space outside the limits of such grounds or residence.

    See what’s missing from the Ordinance? They say we can’t shoot on our own property, the state says we can. Correct me if I’m wrong? It seems that not only are they guilty of preemption:
    http://forum.pafoa.org/allegheny-27/...free-zone.html
    They are also denying us our rights to plink a few beer cans with the kids too
    Last edited by K.C.; March 8th, 2010 at 07:25 PM.
    http://forum.pafoa.org/image.php?type=sigpic&userid=22341&dateline=139092  6582

  2. #2
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    Default Re: Is Ross Township denying us our rights again?

    My understanding of the PA UFA is that:

    §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 ammuni*tion components when carried or transported for purposes not prohibited by the laws of this commonwealth.
    And specifically the section you mentioned from §6304:

    §6304. Sale and Use of Air Rifles.
    ...
    (1)Nothing in this section shall make it unlawful for any person under 18 years of age to have in his possession any air rifle, if it is:
    ...
    (iii) used in or on any private grounds or residence under circumstances when such air rifle can be fired, discharged or operated in such a manner as not to endanger persons or property, and then only, if it is used in such manner as to prevent the projectile from transversing any grounds or space outside the limits of such grounds or residence.
    Looks to me like this only protects those under 18 from illegally 'possessing' a BBgun on their own property.

    The section below specifically notes that BBguns do not have the same preemption that firearms do.

    §6304. Sale and Use of Air Rifles.
    ...
    (e)No preemption.—The provisions of any ordinance enacted by any political subdivision which impose greater restrictions or limitations in respect to the sale and purchase, use or possession of air rifles, than is imposed by this section, shall not be in*validated or affected by this section.
    Long story short, looks like they can regulate the 'discharge'. (insert sex joke here)

    Cited from: http://www.acslpa.org/pa_uniform_firearms_act.htm
    Last edited by jokusfocus; March 8th, 2010 at 08:23 PM.

  3. #3
    Join Date
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    Default Re: Is Ross Township denying us our rights again?

    Jokusfocus,Thanks for the clarification.I obviously didn't read this portion:

    §6304. Sale and Use of Air Rifles.
    ...

    (e)No preemption.—The provisions of any ordinance enacted by any political subdivision which impose greater restrictions or limitations in respect to the sale and purchase, use or possession of air rifles, than is imposed by this section, shall not be in*validated or affected by this section.

    DAMN, I hate when I make sloppy mistakes.
    http://forum.pafoa.org/image.php?type=sigpic&userid=22341&dateline=139092  6582

  4. #4
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    Default Re: Is Ross Township denying us our rights again?

    No worries. I had to edit mine a few times. I kept misreading, missing sections, etc.

    Hopefully I didn't miss something. My brain has been on idle since Friday.

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