Macungie Borough (Lehigh County) Preemption Violation

I mailed the below letter to the Macungie Borough Council today. I will post any response in this thread.

Quote:

[kcr121’s address]

February 16, 2014

Macungie Borough Council
21 Locust Street
Macungie, PA 18062

Members of the Macungie Borough Council:

I am writing to bring to your attention an ordinance of Macungie Borough (“the Borough”) relating to parks and recreation areas that appears to be in violation of Pennsylvania law. The Borough Code of Ordinances (“the Code”) §245-2 (A) (11) states the following:

“No person, other than an officer of the law, shall carry any firearm within the limits of any such park.”

It is my belief that this ordinance is in violation of Title 18, section 6120, subsection (a) of the Pennsylvania Consolidated Statutes, which states:

“No county, municipality or township may in any manner regulate the lawful…possession…or transportation of firearms…when carried or transported for purposes not prohibited by the laws of this Commonwealth.”

It appears that Chapter 245 of the Code was adopted in 2001. The preemption statute in 18 Pa.C.S. §6120 (a) was passed in 1995 under the Uniform Firearms Act; however, it does not contain exemptions or provisions for municipal regulation of firearms possession within parks, so in any event, §245-2 (A) (11) of the Code as it stands today is improper and unenforceable under the laws of the Commonwealth of Pennsylvania. It should also be noted that enforcement of the current ordinance would expose the Borough to potentially costly litigation.

I respectfully request that that the Macungie Borough Council look into this matter and advise when the ordinance is amended to comply with Pennsylvania law.

Sincerely,

[kcr121]

Cc: Macungie Borough Solicitor Patrick M. Armstrong, Esq.