The entire Lock Haven area is in violation of preemption

[t1m0thy]

next tuesday, i'll be in Harrisburg for the 2nd A rally

crap with the move and all I forgot about that... I need to make arrangements for the kids.

[thefirstndsecond]

Yea, this is weird. I have never read a sign in a park that was worded like that.

How can you regulate or enforce the profanity clauses?

[DonSmithnotTMD]

I read in the paper last week about Flemington banning outdoor wood burners so I'm pretty sure they do have their own council.

HMM sounds like the latest in Yuppieism

[LowCapacity]

HMM sounds like the latest in Yuppieism

My personal opinion is if it has a tall chimney what the fuck difference does it make from an indoor? but I don't live near one and don't know much about them. Seems like people like to bitch and pass ordinances to make themselves feel important.




I had no idea about all the anti-gun "laws" in this area. I carry everywhere the Commonwealth allows and don't give a shit what some city council thinks they can say.

[t1m0thy]

As I don't have the exact wording of the other two borough's ordinances I can't write the letter for them just yet but I did have Lock Haven so I took my letter to the Ebenburg borough and modified it so that all you guys can jump on and we can do this one together.

As soon as I get a copy of the ordinances from the other two boroughs I'll just modify a similar letter for each of them.

We, the undersigned,would like to notify the City of Lock Haven and its officials that a city ordinance is in violation of the Pennsylvania Uniform Firearms Act. The ordinance can be found in Chapter 16: Parks and Recreation and states the following:

"[No person in attendance on the levee shall:]
(9) Carry or discharge any firearms, slingshots, firecrackers, fireworks or other missiles propelling instruments or explosives, or arrows or other dangerous weapons which have such properties as to cause annoyance or injury to any person or property, unless permission has been granted by the City in designated areas; law enforcement officers in the performance of their duties shall be exempt from these provisions."

it further states:

"(18) Hunt for, capture or kill, or attempt or capture or kill or aid or assist in the capturing or killing of, in any manner, any wild bird or wild animal of any description, either game or otherwise, and to the end it is unlawful for any person to carry onto or possess on the levee system a rifle or pistol or firearm of any make or kind, unless specific permission is granted for a designated area by some authority of the City."

In direct contradiction to this ordinance the Pennsylvania Uniform Firearms Act states:

"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."


The specific language that is in violation is where the ordinance references the prohibition of carrying firearms in parks or recreation areas. It being that the Uniform Firearms act was passed in 1995 it is unclear if these ordinances were passed before that time or after. Regardless, there was no grandfathering for such laws provided for in the bill.

As individuals that enjoy the right to carry as provided for in our state laws we find ourselves in a position where we feel obligated to disclose this information to our local government officials and ask that they rewrite the ordinances in question so that they comply with state mandates concerning the right of citizens to carry firearms. The consequences of inaction on this matter could lead to the unfortunate circumstance of someone being unlawfully arrested for legally carrying a firearm as permitted and protected by state law and result in costly lawsuits for the police department and the borough.

In closing, we could go into a description of why citizens like ourselves carry and explain our desire to carry firearms, but there is no need to provide such an argument here because the law is clear. Any local ordinances that violate preemption are null and void and unenforceable. It is the right of every law abiding citizen in Pennsylvania to open carry or conceal carry firearms wherever state law allows.

In addition to this letter, we have attached several news stories of similar cases throughout the state where these types of ordinances have been overturned.

We greatly appreciate your time in reading this and look forward to swift action on this matter to the benefit of all the law abiding citizens of this area. Thank you.

Sincerely,


The Undersigned

[t1m0thy]

Just doing more research on the surrounding area and I found another one in Jersey Shore

Carry or possess firearms of any description or air rifles, spring guns, bows and arrows, slings or any other form of weapon potentially inimical to wildlife and dangerous to human safety or any instrument that can be loaded with and fire blank cartridges or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.

[renegadephoenix]

i bet you'll find something in every township, boro, city and county

[t1m0thy]

i bet you'll find something in every township, boro, city and county

Its almost the same wording in every one. Like someone at the borough office just did a cut and paste.

[B2Luv2Hunt]

Did you happen to get a time? That's next Tuesday I might be able to make it.

They are at 7:30 pm. 215 Beech Creek Avenue Mill Hall PA 17751 Let me know if you are going. I can probably go. I usually sleep until 9:15 pm before going into work but I can get up early for this. My wife will probably come also. She usually CCs but has OCed.

I E-mailed some of my relatives. My Dad's girl-friend wrote back. He is calling one of the Clinton co Commissioners he is friends with. Do not think it will do any good.

She also said he was going to do something stupid. I e-mailed back not to do it.
I suggested he sign up here and join what we are doing.

[t1m0thy]

They are at 7:30 pm. 215 Beech Creek Avenue Mill Hall PA 17751 Let me know if you are going. I can probably go. I usually sleep until 9:15 pm before going into work but I can get up early for this. My wife will probably come also. She usually CCs but has OCed.

I E-mailed some of my relatives. My Dad's girl-friend wrote back. He is calling one of the Clinton co Commioners he is friends with. Do not think it will do any good.

She also said he was going to do something stupid. I e-mailed back not to do it.
I suggested he sign up here and join what we are doing.

It is best not to do anything rash. We are right on this and we will win we just need to present our argument. Are you able to get an actual copy of the ordinances for Mill Hall; I wasn't able to pull them off the internet anywhere.

If it isn't until 7:30pm I should be able to get back in time from the Harrisburg rally to attend if you want to hit it up next week.

I also need to get some precedent for the 1st amendment violation in the Flemington ordinance. Anything that anyone can provide would be appreciated.