Lackawanna County; new preemption violation 5/26/2010

[renegadephoenix]

County rules on guns could be unconstitutional
By Charles Schillinger (Staff Writer)
Published: June 10, 2010

http://thetimes-tribune.com/news/cou...ional-1.838282

New rules on guns in Lackawanna County parks adopted by county commissioners last month are being challenged by local law enforcement as too lenient, and by gun-law experts as possibly unconstitutional.

Commissioners approved rules and regulations prohibiting smoking, skateboarding and other activities in county parks, including new restrictions on guns. The rule says, "No unlicensed firearms or weapons are allowed in a park." Discharging a firearm is also prohibited.

Olyphant resident Keith MacDonald challenged the language at a commissioners meeting Wednesday, saying there is no license for guns in Pennsylvania and arguing the county cannot prohibit people from openly carrying a firearm.

Meanwhile, Sheriff John Szymanski said he also plans to challenge the new rule - arguing the county should make it more strict.

"We don't allow firearms in the park," said Mr. Szymanski, whose department oversees law enforcement of county parks. "It's a public facility, and if you walk around with a gun, you're going to intimidate a lot of people. Our position is we're not allowing it and we're going to ask for clarification on that point."

The wording of park rules, unchanged or made more strict, could set off a constitutional debate on gun rights in Lackawanna County, experts say. County solicitor John O'Brien said they are reviewing the language and looking to see how it can be updated.

"Our intention is not to make illegal anything that you can already do under state law," Mr. O'Brien said, indicating he thinks openly carrying a firearm in a park might be allowed under state law.

Mr. O'Brien couldn't say what the county meant by an "unlicensed firearm."

"What is an unlicensed firearm?" asked attorney Edward Bilik, who takes on gun law cases in the western part of the state. "I believe that they're pre-empting state statute with that, and it's going to be unconstitutional."

Tunkhannock attorney Jerry Grimaud, who takes on constitutional law cases, said the wording of the county park rules "would likely not pass constitutional muster." He added the county would have issues if it outright banned guns, as Mr. Szymanski plans to request.

"That's clearly unconstitutional," said Mr. Grimaud. "It's probably not been the subject of litigation, but if it does, I'm convinced it's not constitutional."

Pennsylvania has no license to carry a gun - there is a license to carry a concealed weapon - or state registration of gun owners, said Jack Lewis, a state police spokesman. State police only require sellers check the background of a person prior to the sale of a handgun.

Contact the writer: cschillinger@timesshamrock.com

[HyDef]

I think the Sheriff is treading on thin ice with his comments. Seems as though, under color of law, he is trying to interfere with peoples constitutional rights. This reporter did his homework after the meeting. I never got a call back but he contacted some good experts.

It appears the county solicitor is now backpedaling. When speaking to me at the meeting he was sure they were right, I was wrong, and there was nothing else to discuss.

I am going to request a meeting with the Commissioners to discuss this further. In the end they will admit, on the record at a public meeting, that they were wrong. We should also meet with the sheriff to discuss his comments.

[renegadephoenix]

I think the Sheriff is treading on thin ice with his comments. Seems as though, under color of law, he is trying to interfere with peoples constitutional rights. This reporter did his homework after the meeting. I never got a call back but he contacted some good experts.

It appears the county solicitor is now backpedaling. When speaking to me at the meeting he was sure they were right, I was wrong, and there was nothing else to discuss.

I am going to request a meeting with the Commissioners to discuss this further. In the end they will admit, on the record at a public meeting, that they were wrong. We should also meet with the sheriff to discuss his comments.

He was in contact with FOAC on the matter. Kim gave him all the names of the Lawyers to contact. there will be more to come of this. we are waiting to hear back from the County Solicitor to see if he goes along with the decision or shoots it down.

[beerhunter]

Would be nice to see the sheriff loose his job over those comments. He clearly does not know the law.

[YllwFvr]

Now we have the sheriff on record as saying the sheriff's dept enforces the law at county parks.

Time for a meet n greet! He said "Our position is we're not allowing it". Thats not his decision to make. OR the county commissioners.

[HyDef]

I'm going to call the Chief of Staff for the Commissioners and see about setting up a meeting with the Commissioners, the Solicitor, and maybe even the Sheriff and someone from the DA's office to discuss this further. Anyone else interested in attending such a meeting?

EDIT: I see the FOAC has taken the lead in this, so I'll wait and see what results they get out of this.

[renegadephoenix]

I'm going to call the Chief of Staff for the Commissioners and see about setting up a meeting with the Commissioners, the Solicitor, and maybe even the Sheriff and someone from the DA's office to discuss this further. Anyone else interested in attending such a meeting?

EVERY PAFOA MEMBER FROM LACAWANNA CO. SHOULD ATTEND!!!!!!!!!!

theres nothing like setting up a meeting and then having 20+ people show up to voice their disgust about the vote and then holding their feet to the flames to get the Ordinace repealed.

[anonymouse]

Reminds me of what the Montgomery County Sheriff said a year ago.

[YllwFvr]

EVERY PAFOA MEMBER FROM LACAWANNA CO. SHOULD ATTEND!!!!!!!!!!

theres nothing like setting up a meeting and then having 20+ people show up to voice their disgust about the vote and then holding their feet to the flames to get the Ordinace repealed.

Whats the date? If given some advance notice I will take it off.

[thanker92]

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