Preemption Violation Berks County.

[Fraggle09027]

Welp, just moved down here this year from the Pocono's. The wife and I went to a chili pepper festival in Lyons Station Pa. At the festival I was informed it was against park rules to carry a firearm (I was OC). Looking at the sign I did not see any mention of it. However, board and unable to sleep tonight (it's late) I looked up the borough's web site and found their rules.

http://www.lyonspark.org/Rules.html

I will call this morning and follow up, one thing that confuses me is the note at the bottom of the page "Rules are subject to Lyons Borough Council approval". Does that mean these rules are not on the books yet? Or, they may change at the Boroughs whim. Edited to add: Or perhaps in the process of being passed?

More to come....

[IronSight]

Welp, just moved down here this year from the Pocono's. The wife and I went to a chili pepper festival in Lyons Station Pa. At the festival I was informed it was against park rules to carry a firearm (I was OC). Looking at the sign I did not see any mention of it. However, board and unable to sleep tonight (it's late) I looked up the boroughs web site and found their rules.

http://www.lyonspark.org/RULES.html

I will call this morning and follow up, one thing that confuses me is the note at the bottom of the page "Rules are subject to Lyons Borough Council approval". Does that mean these rules are not on the books yet? Or, they may change at the Boroughs whim.

More to come....

Definitively a preemption violation, and this is right next door to me, as I live just across the Berks-Lehigh County line.

Please let me know how your call goes, and I will follow up as well. This is a violation I certainly can, and will, help to defeat. Plus I know a Berks County reporter that may be interested in publishing an article on the effort to address this violation.

[andrewjs18]

your link above is dead..here is the proper link

http://www.lyonspark.org/Rules.html

let us know how you make out.

[Fraggle09027]

your link above is dead..here is the proper link

http://www.lyonspark.org/Rules.html

let us know how you make out.

Thanks for the heads up. Fixed also!

[IronSight]

your link above is dead..here is the proper link

http://www.lyonspark.org/Rules.html

let us know how you make out.

Good catch; this is "home turf" for me, or at least real close to it, and while I'm really eager to start things off by letting some local "power players" know about this, I'll let the OP take the early lead and see what kind of resistance, if any, we need to overcome, then I'll step in as needed.

Dare I say it, but I think I'm going to have nearly as much fun with this as I did on the Oley Township gun ban.

[anonymouse]

Good catch; this is "home turf" for me, or at least real close to it, and while I'm really eager to start things off by letting some local "power players" know about this, I'll let the OP take the early lead and see what kind of resistance, if any, we need to overcome, then I'll step in as needed.

Dare I say it, but I think I'm going to have nearly as much fun with this as I did on the Oley Township gun ban.

Man it sounds like you're training to be the next Gorilla

[Fraggle09027]

A few things:

1st: as to this park I'm waiting on a call back from the Borough. Thanks for all the offers of help; however, let me give this a shot on my own and I'll keep ya up to date. Hopefully I can get this changed myself; although, when I go to the meeting the more the merrier.

2nd: This is not the park I thought it was, but it is right up the road so I figure get the rule changed anyway. I was talking to a relative who lived here longer then me (I've been here 8 months). He informed me the one I'm trying to check the rules for the firearms ban is in Bowers, Pa. I could use someone's help finding that online (I can not find it anywhere). Tac the wrong park to being new to the area, and it's illegal rule needs changing.

3rd: While I am waiting on a call back I borrowed sources and put this together:

Good day, My name is Fraggle09027, and I am a local area resident. I am writing this letter to Lyons Station Borough Council in order to bring a park ordinance to attention that breaches Pa State Law. The last rule posted for the park reads "No firearms or fireworks allowed in park" (http://www.lyonspark.org/Rules.html)

It is my understanding that the banning of firearms in the park is in violation of Title 18, Chapter 61, Subchapter A (AKA The Uniform Firearms Act) specifically subsection 6120. The statute reads "General Rule: No county, municipality, or township may in any manor 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 stature I quoted was passed in 1995; furthermore, I am unsure when the Lyons Borough Park Rules where enacted. I understand that these rules may have been in place prior to 1995; thus, causing the oversight. However, this statute does not include grandfathering of existing limitations; therefore, this ordinance is unlawful.

This letter was to address the illegal ordinance in place at Lyons Park. I respectfully request Lyons Borough Council to investigate this ordinance and any other ordinance that prohibits the possession or transportation of firearms on public land. Thank you for your time in investigating this issue and the follow up as to the resolution of this matter.

[Yentl Marmelstein]

Lyons Station is near Old Zionsville.

I think Deka Batteries is headquartered there. Or at least, they used to be.

[Fraggle09027]

Lyons Station is near Old Zionsville.

I think Deka Batteries is headquartered there. Or at least, they used to be.

Yup, It is probably 1/2 a mile from the park I was looking for. Line of sight I am most likely only 1 mile away or so.

[IronSight]

Man it sounds like you're training to be the next Gorilla

Well, the OP wants to take this on, so I have no problem providing support and letting him take the lead. If the borough resists change though, I'll make it as hard as possible for them to ignore it.

A few things:

1st: as to this park I'm waiting on a call back from the Borough. Thanks for all the offers of help; however, let me give this a shot on my own and I'll keep ya up to date. Hopefully I can get this changed myself; although, when I go to the meeting the more the merrier.
nd put this together:

I'll pm you a bit later with the contacts of some people who can help should the borough try to give you the runaround. Just let me know if you need any help, as I have no problem supporting you "from the bench" on this one.