Lancaster, PA Courtroom Showdown?

**sjl127** · April 2nd, 2009, 10:34 PM

A county judge upheld Lancaster City’s ordinance against discharging a firearm within the city limits,

http://articles.lancasteronline.com/local/4/235827

But, PA law says that no municipalities can enact any gun laws that are more stringent than the state’s.

Perhaps this is best figured out with a jury?

**Sebastian** · April 3rd, 2009, 06:15 PM

Originally Posted by sjl127

A county judge upheld Lancaster City’s ordinance against discharging a firearm within the city limits,

http://articles.lancasteronline.com/local/4/235827

But, PA law says that no municipalities can enact any gun laws that are more stringent than the state’s.

Perhaps this is best figured out with a jury?

The state's preemption law says this:

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.

Technically speaking, this doesn't cover discharge of firearms. Presumably, in order to be able to use firearms lawfully, there has to be some exception made to the ordinance to allow for lawful use consistent with state law. But the judge here ruled that there were sufficient exceptions, like in this case, for self-defense.

But whether or not the facts surrounding this case qualify for that exemption is a matter of fact, which is something to be determined at trial. If the question is only on the law, which is is in this case, the judge is just ruling that the law is valid. The defendant may still be acquitted at trial.

**Evolution** · April 3rd, 2009, 08:10 PM

Personally, I can't stand Mayor Gray or Lancaster City anymore. I like how Gray said he could have ran to the police station for safety. Right... He wasn't there and doesn't really know the circumstances of what actually took place. I have seen storys of people driving, or running to a police station, only to be killed in the parking lot.

**eells** · April 3rd, 2009, 08:41 PM

Originally Posted by Sebastian

The state's preemption law says this:

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.

key points in bold. discharge is another thing entirely

**P-11 shooter** · April 3rd, 2009, 08:43 PM

Lots of places have ordnances against discharging a firearm.

Sucks that they're being douchebags and applying it to a self defense case, but the ordnance isn't unusual at all.

**duane1** · April 4th, 2009, 10:53 AM

Yea and I'll bet you'll never see that ass crack walking downtown at night. And he lives near the police station. what a d***head. And I thought mayor stork was dumb.

**dunsho** · April 7th, 2009, 01:39 AM

City residents shouldn't be "terrorized" by guns being fired in the city, even if they are done in celebration, Gray said.

can't believe ppl still fire gun in celebration.

**Frenchy** · April 7th, 2009, 01:57 AM

So what i see is the Mayor is saying if you need to shoot some one in self defense, bring them out of his town...

Although I do not recommend any one shoot in the air to protect them selves, if it worked… Personally If I believe if I shoot it will be in the direction of my intended target.

I agree guns should not be shot in “Celebration” but what can the DA argue here if there was an attack victim? That the shot was fired in a celebration of the beating?

Isn’t it odd, when ever a law is prescribed, it always seems to protect the BG? (Bad Guy) I mean, what the hell, don’t try to capture the bad guy who was doing the beating, just go after the person who managed to stop it.