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July 10th, 2008, 03:30 PM #1
So if a park is not a STATE PARK....
then you can carry on that property unless you're asked to leave, right? They can't just post a sign saying you aren't allowed to have firearms there, correct? I am asking of course for a specific reason and because of a particular park....just a city park that says you can't have firearms there....
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July 10th, 2008, 03:32 PM #2
Re: So if a park is not a STATE PARK....
Local municipalities have no authority to regulate carrying on public property. ...So if it is a city park - their local ordinance is in violation of state preemption.
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July 10th, 2008, 03:36 PM #3
Re: So if a park is not a STATE PARK....
It would be a violation of the PA UFA to post the city park against firearms.The ordinance may still be on the books but it is unenforceable. conducting an arrest under it could lead to a nasty law suit for the city. Someone else can give you the exact section of the UFA that pertains. If this is your city I would suggest you take that info to the consul meeting and give them a heads up. Usually the CLEO is present at these meeting. it might be in his best interest to educate his department.
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July 10th, 2008, 03:39 PM #4
Re: So if a park is not a STATE PARK....
Well I am speaking of Longs Park in Lancaster...anyone from the area knows it well.
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July 10th, 2008, 04:13 PM #5
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July 10th, 2008, 04:20 PM #6
Re: So if a park is not a STATE PARK....
§ 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.
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July 10th, 2008, 04:30 PM #7
Re: So if a park is not a STATE PARK....
If it's not a State Park, it's okay to carry, either open or concealed, despite what any signage might say.
And, since it is a PUBLIC park, owned and maintained by a borough, township or county, they can't ask you to leave - that would imply regulating the carrying of firearms. Public property with open access to all is public property with open access to all.
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July 10th, 2008, 04:45 PM #8
Re: So if a park is not a STATE PARK....
They get you for criminal defiant trespassing.
There are very specific requirements for posting signs to enforce this section of law, along lots of “stupid” case law to support this railroading you thorough the legal system with lots of cost.
Take this advice for what it is worth.
Is it cheaper for you to work with elected people that have control over the park to correct the regulation to be incompliance of state law or wait to get a police officer issued citation to fight with your back against the legal wall?
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July 10th, 2008, 04:45 PM #9
Re: So if a park is not a STATE PARK....
this is the sign in McDade park, a Lackawanna county park:
so what you all are saying, regardless of the sign, i can carry, OC or CC, and i won't be breaking the law?
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July 10th, 2008, 04:57 PM #10
Re: So if a park is not a STATE PARK....
Whitefeather...I'm open to suggestions.... I'm pretty sure if I just call them up and tell them they aren't going to give a shit.
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