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July 12th, 2010, 06:11 PM #1
Shaw's Bridge Park is violating preemption
well i just got back from taking my dog to Shaw's Bridge Park along the Brandywine at 270 S. Creek Road. as i was leaving, i read their park regulations sign and found them to be in direct violation of state preemption:
§ 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.
a.1 No right of action. --
1.No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.
2.Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.
b.Definitions. -- As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Dealer." The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition.
"Firearms." This term shall have the meaning given to it in section 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 6304 (relating to sale and use of air rifles).
"Political subdivision." The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.
(Oct. 18, 1974, P.L.768, No.260, eff. imd.; Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; Oct. 4, 1994, P.L.571, No.84, eff. 60 days; Dec. 15, 1999, P.L.915, No.59, eff. imd.)
1999 Amendment. Section 9 of Act 59 provided that the amendment of section 6120 shall apply to all actions pending on or brought after the effective date of the amendment of section 6120.
I will be contacting East Bradford Township and i encourage everyone reading this to do the same.
this shit has got to stop
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July 12th, 2010, 07:17 PM #2
Re: Shaw's Bridge Park is violating preemption
X,
Let us know how you make out with the twp!"343" Never Forgotten
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July 12th, 2010, 08:25 PM #3
Re: Shaw's Bridge Park is violating preemption
This will be fun!
Great job!
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July 12th, 2010, 11:42 PM #4
Re: Shaw's Bridge Park is violating preemption
here is the letter i sent to all of the township officials that were listed:
To whom it may concern,
My name is xxxx xxxx and I am a lifetime resident of Chester county, as well as a member of the NRA and Pennsylvania Firearm Owner's Association. I am writing this letter to expose the fact that East Bradford Township is in direct violation of Pennsylvania State law through its regulation of Shaw's Bridge Park with regard to the prohibition of firearms and rifles on park grounds. The Pennsylvania Uniform Firearms Act clearly delineates complete state preemption of ALL firearms regulations as outlined in the following statute:
§ 6120. Limitation on the regulation of firearms and ammunition.
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.
a.1 No right of action. --
No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.
Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.
Definitions. -- As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Dealer." The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition.
"Firearms." This term shall have the meaning given to it in section 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 6304 (relating to sale and use of air rifles).
"Political subdivision." The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.
(Oct. 18, 1974, P.L.768, No.260, eff. imd.; Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; Oct. 4, 1994, P.L.571, No.84, eff. 60 days; Dec. 15, 1999, P.L.915, No.59, eff. imd.)
1999 Amendment. Section 9 of Act 59 provided that the amendment of section 6120 shall apply to all actions pending on or brought after the effective date of the amendment of section 6120.
East Bradford Township has chosen to violate this important state law by posting a sign in Shaw's Bridge Park which illegally states that firearms and rifles are prohibited on park grounds except for those individuals lawfully hunting the grounds (see attached photographs of posted sign). This not only denies park patrons the fundamental right to self defense, but also attempts to usurp the powers clearly reserved solely for the state legislature, as outlined in the Pennsylvania Uniform Firearms Act. I ask that immediate action be taken to eliminate this unlawful park regulation and to edit or replace the sign posted in Shaw's Bridge Park, as well as any other parks in East Bradford Township that may have similar illegal regulations. East Bradford Township does not need to add its name to the growing list of townships that have faced costly lawsuits from firearms organizations and law-abiding citizens who wish only to exercise their rights in accordance with Pennsylvania State law.
Thank you for your consideration and compliance,
-xxxxx xxxxx
NRA
PAFOA
ill post any responses i get
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July 13th, 2010, 01:03 PM #5
Re: Shaw's Bridge Park is violating preemption
already got a response!!!
Dear Mr. xxxxxx -
Thank you for informing Township staff in regard to our posted regulation of possession of firearms in Township parks, an action which, although unintentional, is illegal.
We will seek to remedy this issue promptly.
yours, John Snook
member, Township Board of Supervisors
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July 13th, 2010, 01:07 PM #6
Re: Shaw's Bridge Park is violating preemption
i sent this back:
Thank you very much for your prompt response and intention to remedy this issue. Your efforts are greatly appreciated.
-xxxxx
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July 13th, 2010, 01:16 PM #7
Re: Shaw's Bridge Park is violating preemption
Nicely handled. Rep on the way.
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July 13th, 2010, 01:29 PM #8
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July 13th, 2010, 01:39 PM #9
Re: Shaw's Bridge Park is violating preemption
Nice work. Rep to you.
Tommy610, NRA Member, Romans 12:18
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July 13th, 2010, 05:17 PM #10
Re: Shaw's Bridge Park is violating preemption
X,
Great job!!!!!! THANKS!! now lets see if they actually do anything."343" Never Forgotten
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