Decided to take on a Preemption Violation

[Caspian]

Noticed that our local park has this posted:
"Hunting, trapping and the possession of firearms, traps and other weapons is prohibited, without exception."

Stackhouse Park
Westmont, PA
http://www.stackhousepark.com/

Sent this email to the Chairman of the Board:

Greetings,

My name is ************* and I am a resident of Westmont. I was recently walking in your park with my 1 year old son when I stopped to read the rules and regulations that you have posted. They state:

"HUNTING AND WEAPONS
Hunting, trapping and the possession of firearms, traps and other weapons is prohibited, without exception."

While I understand your desire to convey that hunting is not allowed on park property, the current wording is in clear violation of state law.:

Title 18, Chapter 61, subchapter A (otherwise known as The Uniform Firearms Act) specifically subsection 6120 which states: "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.”

To conform with state law you can simply change the wording of your posted rules and regulates to read:

"Hunting, trapping and the possession of firearms, traps and other weapons is prohibited. This does not apply to those carrying firearms openly or concealed pursuant to State law"

The preemption statute I quoted was passed in 1995. I am unsure when your policies on the matter were adopted, and understand that it may have been in place before 1995, explaining why it may have been overlooked. However, there was no grandfathering of existing limitations, so in any event, the rule as it stands today is improper.

I know some people might want to know why someone would want to carry a firearm in Stackhouse Park, and the answer may be as simple as they carry a firearm daily. I know I do. But that question is not really the issue. The preemption statute I quoted is very important for Pennsylvanians that legally carry a firearm in that it removes the problem of a traveling citizen of running afoul of a myriad of local laws prohibiting where you can and can not carry a firearm. In other words, licensed or otherwise legal carriers of firearms in Pennsylvania can carry everyplace not prohibited by state law.

Of particular interest to the Borough of Westmont is that since this rule is unenforceable, there could be negative consequences should an unknowing person, or even one choosing to ignore the rule knowing it is null and void happen to be cited or otherwise confronted. If a police officer were to “enforce” such rule or ordinance, wrongful arrest and abuse of office charges could be laid on the officer, the police department and the borough– not an inexpensive proposition.

I respectfully ask that the board of directors please look into this matter. I thank you all for your time and I look forward to following up next month for any updates. Thank you.

I will follow up in person with the onsite park ranger shortly and if I don't receive a response I will pursue other methods. This is my first time approaching something like this. I will relay any updates. Wish me luck.

PS: Thank you gnbrotz for the form letter

[Caspian]

reserved for updates

[Truckman]

Good work, but keep an eye on our fight which is now at the Pa Supreme Ct.
http://forum.pafoa.org/pennsylvania-...june-erie.html
When we win you'll have more ammo to use against them!

[Bill67]

I look forward to a positive outcome to this fiasco in Erie. I grew up there, and while I haven't lived in Erie since 1984, I am amazed that this is such an issue. Good job to the OP for getting in the fight. We have had good results from members here locally in Bucks County dealing with the same issue.

[jthrelf]

Great letter! Keep us updated.

[jerryg]

The letter needs to go to your town's leaders, they are the ones that can change local ordinances. Good luck, I did it here in Forks Township with a few emails, I didn't even go to a meeting.

[flyingjunkie]

I don't understand why the Erie situation is even a question in the courts. The law is extremely rare in that it's quite clear.

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. (Emphasis by me)

How much more clear-cut can it get in law?

[4070BN]

I don't understand why the Erie situation is even a question in the courts. The law is extremely rare in that it's quite clear.

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. (Emphasis by me)

How much more clear-cut can it get in law?

But you aren't looking at the law through liberal clouded glasses. They don't see what we see and if the do, they make up their own interpretation.

Washington County was at last I heard still insisting that County Parks are private property that is owned by the County and that gives them the right to regulate firearms.

[Caspian]

I look forward to a positive outcome to this fiasco in Erie. I grew up there, and while I haven't lived in Erie since 1984, I am amazed that this is such an issue. Good job to the OP for getting in the fight. We have had good results from members here locally in Bucks County dealing with the same issue.

I'm from bucks county, which parks did you have to address?

[JenniferG]

County Parks private property??? Maybe the elitist politicians believe they own it and only let us mere mortal commoners go there at their pleasure but the taxpayers paid for it. Private property won't wash. Maybe I underestimate the fine point decision making capabilities of our Supreme Court law magicians. Rocky, watch me pull a law out of my hat, that trick always works.