Preemption violation- Delaware Township Park. Resolved**

[Deleted]

You mean like making a rule that one cannot chew with their mouth open when dining in any restaurant or eatery within the borders of the town? Laws and rules infer an "or else" result from disregarding. What government entity would waste their time making "rules" having no consequences?

Your community center may close at 2200 Hrs. That's the rule... refusing to abide by it will get you arrested for defiant trespassing or what not. They probably do not have an ordinance specifically making it a crime to remain in the community center after 2200 Hrs. Preemption vs. rules is the same rationale. When we are talking about the UFA, one is illegal, the other is not.

[Bang]

Cool! :-)

[alpacaheat]

Great work!

Most parks I go to around here have the "no discharging of firearms" but doesn't actually say "no firearms". Ran into a park ranger open carrying a M&P40...didn't know they carried. I kept mine concealed while he was around, he was the loud aggressive type that pretends he is a real cop.

[gnbrotz]

I was looking for the stickie and couldn't find it. Would like to see it. Seems to be a little confusion even in this thread as to what exactly preemption is vs. a "rule". Municipalities can make rules concerning firearms as long as they do not criminalize them by ordinance. The latter is prohibited by law and attempts to do so have been struck down by the courts. The prior has not been tested yet.

How does "may not in any manner regulate" mean "You can't make it a crime/offense, but a "rule" against guns is just fine"?

I've seen legal speculation on the issue, but this certainly is NOT settled law. It's not yet been formally addressed by the courts. Until that changes, §6120 still says exactly what it says.

[elweasel]

So if you are visiting from out of state you can't go to this park without a Pike County resident. WTF? That is the dumbest rule I have ever read. I can understand the free vs charging out of county visitors, but banning out of state visitors, just charge them more. Like colleges charge more for out of state.

[Deleted]

How does "may not in any manner regulate" mean "You can't make it a crime/offense, but a "rule" against guns is just fine"?

I've seen legal speculation on the issue, but this certainly is NOT settled law. It's not yet been formally addressed by the courts. Until that changes, §6120 still says exactly what it says.

All of the cases that were struck down by the courts involved ordinances passed by the municipality that criminalized firearms posession. Obviously this is a no-no per the UFA. None of the said cases dealt with "rules".

So until that type of case is brought in front of the courts, municipalities can make rules prohibiting their possession without criminalizing it and then ask you to leave... No different than rubbing boogers on the windows. If you refuse, you could be arrested for defiant tresspas. That case would have to go in front of the courts to get a "once and for all" ruling.

[Deleted]

So if you are visiting from out of state you can't go to this park without a Pike County resident. WTF? That is the dumbest rule I have ever read. I can understand the free vs charging out of county visitors, but banning out of state visitors, just charge them more. Like colleges charge more for out of state.

Almost every park and rec program gets federal money... they can't do that kind of stuff.

[elweasel]

Almost every park and rec program gets federal money... they can't do that kind of stuff.

While I agree with you, it is in their rules.

General Park Policies
(adopted by the Board of Supervisors on July 9, 2014)

Memorial Day through Labor Day

All individuals entering the Park are obligated to provide proof of residency of Pike County.
All Pike County residents shall enter the Park free of charge.
All Pennsylvania residents who reside outside of Pike County may enter the Park at a charge of $6.00 per person.
All out of State residents who are not a guest of a Pike County resident will not be permitted to enter the Park.
Alcoholic beverages are prohibited.
No smoking.
No pets.
Children under 16 must be supervised by an adult.
No foul language.
No littering, dumping refuse or disposing of outside refuse.
No hunting.
No open fires. Charcoal and/or gas grills only.
No fireworks or explosives are permitted to be discharged or possessed in the park.
No solicitation or sale of goods without written approval.
Plant removal prohibited.
Harassment of wildlife will not be tolerated.
Unreserved park facilities are first come first serve. Reservations may be made with the Township.
Defacing and/or removal of park property will not be tolerated.
No operation of motor vehicles outside designated parking and entrance area.
Noise and/or music should be kept to an acceptable level and not disturb normal sensitivities of other visitors.
Harassment of other visitors or disorderly conduct will not be tolerated.

ALL INDIVIDUALS ENTERING THE PARK MUST CONSENT TO PROVIDING PROOF OF PIKE COUNTY RESIDENCY.

So I guess they get state funding but not federal funding. That or they just want to keep out all the riffraff from the PRNJ and PRNY.

[Deleted]

While I agree with you, it is in their rules.



So I guess they get state funding but not federal funding. That or they just want to keep out all the riffraff from the PRNJ and PRNY.

We went through that at one point over a basketball program they wanted to initiate.. they started getting applications from all over and wanted to reject the non residents. The solicitor was like "Remember all that money you took to build that stuff.... "

[Manxdriver]

Warminster township is soon to get a letter from me about a sign that includes 'no guns' verbiage in Warminster Park.

UPDATE: I just got an email from the Director of Parks and Recreation. She says they are waiting for Warminster to codify new regulations and should have them changed in a few weeks. They are waiting so they can save money. I emailed back that I wouldn't want us getting sued and have our taxes skyrocket just because some liberal, America-hating, retard wanted to shove their anti-American values down the throats of the rest of us.

Ten minutes later, I get this email , " Please be advised that we will be modifying our current signs to remove the reference to firearms. They should be installed in all parks by the middle of next week. Thank you."

That's right, we win!