Results 1 to 10 of 11
-
September 10th, 2009, 02:18 PM #1
Dauphin County Parks - Preemption Violation
Greetings and salutations PAFOA members!
I'm planning on taking the little man and the dog to enjoy one of the Dauphin County parks soon and remembered coming across their website recently which says that they don't allow the carrying of a variety of objects; pistols and firearms included. I decided to send an email to the Daupin County Commissioners, Jeffery Haste, Dominic "Nick" DiFrancesco, and George Hartwick III, to see what they have to say about the matter.
Below is a copy of the email and I'll update the thread as things progress. Wish me luck
----- Original Message -----
From: [HBGMarine]
To: jhaste@dauphinc.org, NDiFrancesco@dauphinc.org, GHartwick@dauphinc.org
Cc: [HBGMarine]
Sent: Thursday, September 10, 2009 1:36:22 PM GMT -05:00 US/Canada Eastern
Subject: Dauphin County Park Rules - Preemption Violation
Dear Commissioners Haste, DiFrancesco & Hartwick,
Good afternoon, My name is [HBGMarine] and I am a resident of Dauphin County. I am writing this email to bring to your attention a Dauphin County Parks rule that appears to be in violation of state law. Dauphin County Ordinance # 2-95, Section 1, Rule 14(1) states "No person shall carry a knife upon their person having a blade of 3 inches or longer in length, or have possession of, or discharge a BB gun, air rifle, pistol, firearm, bow and arrow, or any other type of lethal weapon in any park, except on facilities expressly designate or provided for that purpose.".
It is my understanding that the firearms prohibition portion of this rule is in violation of Title 18, Chapter 61, subchapter A (otherwise known as The Uniform Firearms Act) specifically subsection 6120 which states: "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.”
The preemption statute I quoted was passed in 1995. I am unsure when the County park rules were created, and understand that it may have been in place before 1995, explaining why it may have been overlooked. However, there was no grandfathering of existing limitations, so in any event, the rule as it stands today is improper and invalid.
I know some people might want to know why someone would want to carry a firearm in the County parks, and the answer may be as simple as they carry a firearm daily. I know I do. But that question is not really the issue. The preemption statute I quoted is very important for Pennsylvanians that legally carry a firearm in that it removes the problem of a traveling citizen running afoul of a myriad of local laws prohibiting where you can and can not carry a firearm. In other words, licensed or otherwise legal carriers of firearms in Pennsylvania can carry everyplace not prohibited by state law.
Of particular interest to the County is that since this rule is unenforceable, there could be negative consequences should an unknowing person, or even one choosing to ignore the rule knowing it is null and void happen to be cited or otherwise confronted. If a police officer were to “enforce” such rule or ordinance, wrongful arrest and abuse of office charges could be laid on the officer, the police department and the county – not an inexpensive proposition.
I respectfully ask that the County please look into this matter. If you have any questions regarding this matter or if there is anyway that I can be of assistance, please do not hesistate to contact me and I will avail myself. I thank you all for your time and look forward to your follow up on this request.
Respectfully,
[HBGMarine]
(1) http://www.dauphincounty.org/content...view-and-rule/
Manus Haec Inimica Tyrannis
-
September 10th, 2009, 02:29 PM #2
Re: Dauphin County Parks - Preemption Violation
where ya gonna be man? i'm about to head for for a quick bite i could meet up with ya
Tigers love pepper, they don't like cinnamon !
-
September 10th, 2009, 03:10 PM #3
-
September 10th, 2009, 05:35 PM #4
Re: Dauphin County Parks - Preemption Violation
lol cool man anytime since i am still looking for work.
Tigers love pepper, they don't like cinnamon !
-
September 11th, 2009, 08:09 PM #5
Re: Dauphin County Parks - Preemption Violation
+1 Rep
I seen the same thing where I fish at the Dock Street Dam and can't understand why they have it posted at Harrisburg River Front Parks..
Here is a small Story I posted in the Dauphin Boards on this site and why I want out and got a New gun..
-
September 11th, 2009, 08:18 PM #6
Re: Dauphin County Parks - Preemption Violation
also at Koons Park in Linglestown on the big sign rule #7
Tigers love pepper, they don't like cinnamon !
-
September 12th, 2009, 09:53 AM #7Senior Member
- Join Date
- Aug 2009
- Location
-
Palmyra,
Pennsylvania
(Lebanon County) - Age
- 36
- Posts
- 412
- Rep Power
- 723
Re: Dauphin County Parks - Preemption Violation
the county just got letter owned!
si vis pacem, para bellum
-
September 12th, 2009, 04:06 PM #8
Re: Dauphin County Parks - Preemption Violation
I just sent an email to East Allen Township. "No Firearms/Weapons" is written in their Bicentennial Park rules.
I also found one in Bethlehem, at the corner of Farmersville Rd. and Wilson Ave., down near the Lehigh river...
"As per Ordinance 3-87, the following acts are PROHIBITED on this trail: [line 4] Possession, transportation or use of any firearm, air rifle/pistol, sling shot or fireworks."
...and one in Easton. I believe the road it's on is Hope Rd. The road is off Freemanburg Avenue, just east of Rt. 33. There's a green sign out front saying "PA Fish & Boat Commission, Rt. 33 access." Follow the road south to the Lehigh river and the Bethlehem Boat Club. As soon as you go under a concrete arch, the sign is on a power pole directly in front of you...
"NO HUNTING, NO WEAPONS, ordinance #941, Section 2 & 4, Subsection C & G., Hugh Moore Park, City of Easton."
-
September 13th, 2009, 08:20 AM #9Senior Member
- Join Date
- Aug 2009
- Location
-
Palmyra,
Pennsylvania
(Lebanon County) - Age
- 36
- Posts
- 412
- Rep Power
- 723
Re: Dauphin County Parks - Preemption Violation
Did you receive a response to your letter yet?
si vis pacem, para bellum
-
September 14th, 2009, 10:28 AM #10
Re: Dauphin County Parks - Preemption Violation
Koons Park is owned by Lower Paxton Township. I am in the process of getting that corrected with the assistance of pamountainman. Let me know if you're interested in joining the cause. Here's a link to the thread....
http://forum.pafoa.org/concealed-ope...in-county.html
Originally Posted by snoman
Good for you! Make sure to follow up with them if you don't hear back. I'm getting the impression that these things take time.
Originally Posted by TriegleManus Haec Inimica Tyrannis
Similar Threads
-
Lackawanna county parks preemption violation.
By jahwarrior72 in forum PennsylvaniaReplies: 3Last Post: March 12th, 2010, 12:39 AM -
Preemption Violation - Brightbill Park - Lower Paxton Twp - Dauphin County
By HBGMarine in forum GeneralReplies: 33Last Post: December 4th, 2009, 11:40 PM -
Dauphin County Preemption Violation?
By HBGMarine in forum GeneralReplies: 2Last Post: August 24th, 2009, 07:03 PM -
Washington Twp (Westmoreland county) Park in violation of preemption
By Falcon four in forum GeneralReplies: 3Last Post: June 19th, 2009, 02:47 PM -
Preemption Violation--Tredyffrin Township--Chester County
By GL23 in forum GeneralReplies: 29Last Post: October 26th, 2008, 12:58 PM
Bookmarks