Legal Opinions/clarification possible 6120 violation

[Fraggle09027]

18 Pa. C.S. § 6120

(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.

If I am reading this right, a Community College is owned by the sponsoring school districts. Therefore, they can not ban firearms on their property?

I attend a Community College now. The school I am attending has the following rule.

"Firearms/Weapons Policy
Firearms, or any type of weapons, are prohibited on college property. This includes the main campus as
well as our satellite sites. Any violators to this policy will be referred to the Dean of Students and the
Pennsylvania State Police. As a result, criminal charges are possible."

Do I have a leg to stand on? If so I am getting it changed.

[tl_3237]

18 Pa. C.S. § 6120

(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.

If I am reading this right, a Community College is owned by the sponsoring school districts. Therefore, they can not ban firearms on their property?

I attend a Community College now. The school I am attending has the following rule.

"Firearms/Weapons Policy
Firearms, or any type of weapons, are prohibited on college property. This includes the main campus as
well as our satellite sites. Any violators to this policy will be referred to the Dean of Students and the
Pennsylvania State Police. As a result, criminal charges are possible."

Do I have a leg to stand on? If so I am getting it changed.

The preemption against restricting possession of firearms (6120(a)) extends to "No county, municipality or township ". The term "political subdivision", on which you are relying for preemption protection, only is used with respect to filing suits against firearm/ammunition suppliers (6120(a.1)) .

Therefore, IMO, preemption would not apply without knowing how the college is established and it purported source of authority.

[Fraggle09027]

The preemption against restricting possession of firearms (6120(a)) extends to "No county, municipality or township ". The term "political subdivision", on which you are relying for preemption protection, only is used with respect to filing suits against firearm/ammunition suppliers (6120(a.1)) .

Therefore, IMO, preemption would not apply without knowing how the college is established and it purported source of authority.

Ok, I was reading it as firearms, and manufacturing. Dang, I had my hopes up

[ray h]

If the college is owned and operated by a county, then I would say that Preemption applies, just as it would a park that is owned and operated by a county.

[tl_3237]

If the college is owned and operated by a county, then I would say that Preemption applies, just as it would a park that is owned and operated by a county.

Even though they are county sponsored, a Community College is established under state statute (24 PS Chapter 1 Article XIX) and the board of trustees are empowered to create the administrative rules. As such their powers flow from state statute and not county powers -- 6120 would be inapplicable IMO.

A better argument than 6120 preemption might be the state agency preemption of 18 Pa CSA 6109(m.3)(2):

(m.3) Construction.--Nothing in this section shall be construed to [permit]:
(2) Authorize any Commonwealth agency to regulate the possession of firearms in any manner inconsistent with the provisions of this title.

though the exact interpretation of that subsection has yet to be fleshed out.

[gnbrotz]

The preemption against restricting possession of firearms (6120(a)) extends to "No county, municipality or township ". The term "political subdivision", on which you are relying for preemption protection, only is used with respect to filing suits against firearm/ammunition suppliers (6120(a.1)) .

Therefore, IMO, preemption would not apply without knowing how the college is established and it purported source of authority.

FWIW, I concur, but...

IANAL

[MDJschool]

Unless school districts, municipalities (as defined in the Pa. Constitution), or the state itself are areas and powers established outside of the purview of the Pa. Constitution itself, then preemption applies:

All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.
The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.
To guard against the transgressions of the high powers which we have delegated, we declare that everything in this article is excepted out of the general powers of government and shall forever remain inviolate.

Please don't stop at 18 Pa.C.S. 6120. For example, many people who know about § 6120 don't know about 53 Pa.C.S. 2962(g). They also aren't aware of the full breadth of cases supposedly dealing with Pa. Const. art I, §§ 1, 21, and 25 (which have hardly ever, if at all, been dealt in terms of bearing arms with particular substance and standing as binding precedent, you may be surprised to find.)

Keep on looking. We actually have other more in depth threads looking at the source of power for community colleges but even there the research is not yet complete. Maybe you could make it your project to thoroughly contribute on that subject.

[Fraggle09027]

Unless school districts, municipalities (as defined in the Pa. Constitution), or the state itself are areas and powers established outside of the purview of the Pa. Constitution itself, then preemption applies:

All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.
The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.
To guard against the transgressions of the high powers which we have delegated, we declare that everything in this article is excepted out of the general powers of government and shall forever remain inviolate.

Please don't stop at 18 Pa.C.S. 6120. For example, many people who know about § 6120 don't know about 53 Pa.C.S. 2962(g). They also aren't aware of the full breadth of cases supposedly dealing with Pa. Const. art I, §§ 1, 21, and 25 (which have hardly ever, if at all, been dealt in terms of bearing arms with particular substance and standing as binding precedent, you may be surprised to find.)

Keep on looking. We actually have other more in depth threads looking at the source of power for community colleges but even there the research is not yet complete. Maybe you could make it your project to thoroughly contribute on that subject.

(g) Regulation of firearms.--[A] Except as set forth in 18 16 Pa.C.S § 6120(a.2) (relating to limitation on the regulation of 17 firearms and ammunition), a municipality shall not enact any 18 ordinance or take any other action dealing with the regulation 19 of the transfer, ownership, transportation or possession of 20 firearms. 21 * * *

This only states municipalities. The school is owned by the school districts; therefore, they are not municipalities. I have looked around on line, and I can not find what "makes" a school district. But, I will keep looking!!

[MDJschool]

(g) Regulation of firearms.--[A] Except as set forth in 18 16 Pa.C.S § 6120(a.2) (relating to limitation on the regulation of 17 firearms and ammunition), a municipality shall not enact any 18 ordinance or take any other action dealing with the regulation 19 of the transfer, ownership, transportation or possession of 20 firearms. 21 * * *

This only states municipalities. The school is owned by the school districts; therefore, they are not municipalities. I have looked around on line, and I can not find what "makes" a school district. But, I will keep looking!!

Could you link me to the source of what you've excerpted? It looks like some sort of annotated reference, because WestLaw tells me that 53 Pa.C.S. 2962(g) says "(g) Regulation of firearms.--A municipality shall not enact any ordinance or take any other action dealing with the regulation of the transfer, ownership, transportation or possession of firearms." My first point is that pieces of law come up anywhere, not that that particular section was of help to you related to school districts.

But how do you know whether 'school districts' are or are not part of the definition of 'municipality'? You can't just assume some section in some other title defines that. 53 Pa.C.S. 2902 has "“Local municipality.” Municipal corporation except a city of the first class." but that isn't it. And you have to know that 53 Pa.C.S. 2901(b) says that "(b) Scope of subpart.--This subpart applies to all municipalities except cities of the first class and counties of the first class." And then at 1 Pa.C.S. 1991 you have "“Municipality.” (1) When used in any statute finally enacted on or before December 31, 1974, a city, borough or incorporated town. (2) When used in any statute finally enacted on or after January 1, 1975, a county, city, borough, incorporated town or township." But if you read law dictionary definitions of municipality, you might get the idea that school district is actually included.

And then contrast this with 53 Pa.C.S. 2302 which says "“Local government.” A county, city of the second class, second class A and third class, borough, incorporated town, township, school district or any other similar general purpose unit of government created by the General Assembly after July 12, 1972."

The point is that you cannot stop where you think you've found finality, because you haven't.

BONUS POINTS: GunLawyer001 likes to say sometimes that "who is ever going to prosecute a public official for a vote?" usually as it relates to official oppression. Well, when you're poking around the statute, you find some real gems -- the legislature made some votes unlawful: "Any member of a governing body of a local government who votes to unlawfully evade the provisions of section 2308 (relating to bids for certain joint purchases) and who knows that the transaction upon which he so votes is or ought to be a part of a larger transaction and that it is being divided in order to evade the requirements as to advertising for bids commits a misdemeanor of the third degree for each contract entered into as a direct result of that vote." 53 Pa.C.S. 2313.

[Fraggle09027]

Could you link me to the source of what you've excerpted?

Sorry for the massively late response. That was not annotated reference.

I just sent an email to our ombudsman. explaining my views on their policy and state law. I'll let ya know what I hear back.