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I was looking at the codes for my township and the section which defines nuisances it says:
Q. Discharge any gun, pistol or other firearm, fireworks or other explosive without authority.
JJ. In the absence of a privilege, to point any deadly weapon at another, or threaten another with the same.
Does this go against the PA Constitution? What about a self defense situation? Thanks.
Technically, local municipalities can regulate the discharge of firearms, but that doesn't mean you shouldn't approach them and ask them to amend the measure with an exclusion for lawful self-defense.
Townships usually don't have those restrictions on shooting, get it changed.
That sort of wipes out squirrel hunting, doesn't it?
You don`t say what township. If your township is big enough and there is land available either public or private that could be hunted or is hunted you could go to a township meeting and express your concerns. They do have the right to regulate discharge but not legal carry. Is the ordinance online?
It is Palmer Township and the ordinance is on their website.Quote:
Originally Posted by Exbiker
I just found minutes from a meeting on 9-29-09 and found this:
"Police Chief
· Fretz said there has been recent litigation regarding carrying open firearms. As long as it is in clear view you are permitted to carry the firearm. You only need a permit if the fire arm is concealed. Fretz said he would like to request that the solicitor check into the private property versus public property regulations to see if we need to put something in our ordinance. Mitchell asked if we can overrule the state. Fretz said as long as we are on our property. "
From 2007 minutes:
"11. REQUEST TO ADVERTISE NO HUNTING ORDINANCE
INFORMATION
The Board needs to approve/disapprove advertising the ordinance.
DISCUSSION
Anckaitis said the Board should discuss whether you want to do this in the township. Anckaitis said every year we get four or five people who complain they see someone with a rifle or bow along the bike path, and there is concern about people hunting on township property. Anckaitis said we posted no hunting signs in the area but feel an ordinance should be enacted to support our postings. Lammi asked wouldn’t our ordinance not allowing firearms to be discharged in the township cover this. Fretz said we cannot regulate hunting with a firearm. Archery is different. Fretz said you can restrict hunting on your property and the game commission establishes safety zones around buildings and houses. Mitchell asked who authorized the posting. Anckaitis said he had it posted since we had residents express concern. Colver said we are talking about township land along the bike path down near Chain Dam Road and the river. Bruno said the ordinance only speaks to township property. Smith said he understands the need along the bike path in the wooded area. Bruno said the ordinance intends to actively prohibit performing the act of hunting on township property.
On motion by Lammi, seconded by Mitchell, and agreed by all, the Board authorized the Solicitor to advertise the “no hunting on township property” ordinance.
"
Mike Mitchell is one of the Township Supervisors.
Nov. 2007:
"5. AMENDMENT TO PALMER TOWNSHIP ADMINISTRATIVE POLICY #1-04
INFORMATION
PSATS Township News notes that it is illegal to prohibit firearms from being carried into a public meeting. The township manager recommended that the township administrative policy reflect this change in policy #2-07 pertaining to carrying and announcing possession of a firearm.
DISCUSSION
Anckaitis said the solicitor recommended the word “shall” be changed to “should” in the paragraph under pubic comment.
On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved administrative policy #2-07 regarding Board of Supervisor’s meetings, with the above change. "