Delaware County Parks UFA Preemption Violation

[mpan72]

I cannot believe they prohibit dog training.
I can't go to the park and teach my dog to fetch?

Not sure if that is the training they prohibit but any pets must be on a leash anyway of 6' or less.

[mjfletcher]

Not sure if that is the training they prohibit but any pets must be on a leash anyway of 6' or less.

6 ft? You drop the stick, he picks it up without moving his legs, fetch for lazy dogs. Of course if your dog is lazy you won't be able to get him off the couch to go to the park.

[Remington788]

6 ft? You drop the stick, he picks it up without moving his legs, fetch for lazy dogs. Of course if your dog is lazy you won't be able to get him off the couch to go to the park.

It's OK, I can't throw very far.

[mjfletcher]

It's OK, I can't throw very far.

T-Rex arms?

[Remington788]

T-Rex arms?

They are about that old

[Dannytheman]

Asking again.....

Where is this sign??

I will be happy to write a letter, but I need to know the exact location.

[thundrr1]

Let's see,,,,,,, Rose Tree Park, Glen Providence Park,,,, all of them (I believe). I've written letters and appeared before County Council (August 2010). I've talked to the County attorney about this.

Their position is that they OWN the parks and can regulate carry on THEIR property. Kinda like you can in your house. I tried to explain that it is in violation,,,, he just decided to ignore that fact.

EDIT to add letter I sent.

8/20/2010

Delaware County Council
201 West Front Street
Media, PA 19063
Attention: Mr. John J. Whelan, Chairman

Re: Delaware County Parks Rules and Regulations

Dear Mr. Chairman:

As you are aware, the Commonwealth’s Uniform Firearms Act (1995) reads as follows:
18 Pa. C.S. §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.

It seems that our County parks have signs that prohibit "Possession or discharge of any type of firearms, bows and arrows, air guns, slingshots, or fireworks.". This would appear to be in violation of section (a) of the Uniform Firearms Act.

Perhaps this was not corrected when the Uniform Firearms Act came into being? Perhaps it was overlooked when you last updated the park regulations. In any event, it outlaws the lawful carrying of firearms.

What does this mean? Well, the part of the county regulation prohibiting the carrying of firearms is unenforceable, null and void since they’ve exceeded the authority of the County Council, and are in violation of state law. County government may indeed regulate the discharge of firearms, but not the carrying of same. Should a deputy sheriff, park police or other police officer “enforce” such regulation, wrongful arrest and abuse of office charges could be laid on the officer, and civil rights violations be filed against the police officer, the police department and Delaware County – not an inexpensive proposition for any defendant.

As stated, I am assuming this is just an oversight on your part and will be readily rectified. According to State Police figures, Delaware County has approximately 15,000 residents licensed to carry firearms concealed (and “open carry” requires no license at all). How many residents already carry in county parks? I do know, should I visit a county park, I would be carrying for personal protection purposes.

Trusting this matter will be attended to in an expeditious manner, I remain,

Most Sincerely Yours,

[FNG19]

Let's see,,,,,,, Rose Tree Park, Glen Providence Park,,,, all of them (I believe). I've written letters and appeared before County Council (August 2010). I've talked to the County attorney about this.

It looks like Mr. Whelan (the gentleman you addressed the letter below to) is no longer on the County Council. Interestingly enough, it appears he's the county's DA now -- or at least someone with the same name is. It also appears there's a new County Solicitor. It may be worthwhile to approach the county's attorney about this (assuming it is someone different).

[thundrr1]

It was copied to all council members and the head of parks, knowing that sending it to only one person would result in it finding a round receptacle. I hand delivered it to all.

[Dannytheman]

I carry at Rose Tree Park every time I am there, which is like 4 to 6 times a year.

I will write a letter also, and send it Certified. It is not THEIR park, it is the publics park. The taxpayers. Thanks for letting me know this goes back to 2010, I will add that to the letter.

I will pop over there today to take some pictures and get latitude and longitude locations so even they can find them.