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May 1st, 2007, 03:47 PM #1
Ban on Weapons in Berks County Parks
Does anyone want to help me tilt at windmills?
I am trying to get Berks County Ordinance No 5-04, which provides the rules and regulations for the Berks County Park System changed to remove the generalized ban on "Weapons of any kind except as permitted during a controlled hunt authorized by the County Commissioners."
I pointed out to the County Commissioner’s Office, via phone calls and email, that this prohibition is illegal based upon the following Pennsylvania law:
Title 18: Crimes and Offenses
Chapter 61: Firearms and Other Dangerous Articles
Subchapter A: Uniform Firearms Act
Section 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
The person I talked to at the Commissioner's Office told me that the Commonwealth gave them the power to enact any ordinance they wish regarding county business.
I wrote to Representatives Santoni and Rohrer and Senator Opake asking for guidance on where to turn next.
If a some of you send a note to your legislators, perhaps we can fix this ordinance.
I am open to any suggestions on where to go next short of violating the ordinance in order to fight this in court.
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May 1st, 2007, 04:17 PM #2
Re: Ban on Weapons in Berks County Parks
This may be true, but not in the case of firearms, due to the preemption clause of the UFA.
Not sure where else to tell you to go. You may want to talk to the Sheriff's Office, although they're not going to be able to change the law.
Rohrer is very pro-2A; you'll likely get a response from him, and hopefully he'll be able to help. I've written to Sen. O'Pake in the past, and he responded to me that he supports gun controls when they make sense; not one to count on IMHO. I know nothing of Rep. Santoni, so can't help there.
On the surface, I'd say Rohrer is the best bet. I'll also write to him, along with my Rep, David Kessler, and my Senator, Sen. Rafferty."Political Correctness is just tyranny with manners"
-Charlton Heston
"[The Constitution preserves] the advantage of being armed which Americans possess over the people of almost every other nation...(where) the governments are afraid to trust the people with arms."
-James Madison, Federalist Papers, No. 46.
"America does not go abroad in search of monsters to destroy." [sic]
-John Quincy Adams
"I believe that banking institutions are more dangerous to our liberties than standing armies."
-Thomas Jefferson
Μολών λαβέ!
-King Leonidas
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May 1st, 2007, 04:49 PM #3
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May 1st, 2007, 05:02 PM #4
Re: Ban on Weapons in Berks County Parks
I would agree. I'm no lawyer, but my guess is that ordinances like this were on the books prior to the UFA being passed in 1995, and when it was passed they never went back and changed the law. Again, my guess is that they won't get changed unless either the legislature gets involved, or someone who breaks the law gets charged and fights it in court.
"Political Correctness is just tyranny with manners"
-Charlton Heston
"[The Constitution preserves] the advantage of being armed which Americans possess over the people of almost every other nation...(where) the governments are afraid to trust the people with arms."
-James Madison, Federalist Papers, No. 46.
"America does not go abroad in search of monsters to destroy." [sic]
-John Quincy Adams
"I believe that banking institutions are more dangerous to our liberties than standing armies."
-Thomas Jefferson
Μολών λαβέ!
-King Leonidas
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May 1st, 2007, 05:53 PM #5
Re: Ban on Weapons in Berks County Parks
I do believe she is mis-informed. She is most likely referring to Pennsylvania's "Home Rule Charter" which can be found in Title 53. This allows municipalities to organize their governments as they see fit with broad latitude, what they seem to have forgotten is:
Originally Posted by Title 53, Section 29, E, § 2961
I am not a lawyer, and there may be nuances I am not aware of, but it seems fairly clear to me.Dan P, Founder & President, Pennsylvania Firearm Owners Association
Purchase a Forum Subscription • Buy some PAFOA Merchandise • Help PAFOA's Search Engine Ranking
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May 1st, 2007, 07:34 PM #6Active Member
- Join Date
- Sep 2006
- Location
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Reading,
Pennsylvania
(Berks County) - Age
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- 949
Re: Ban on Weapons in Berks County Parks
We have parks?
How about an open carry day?
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May 1st, 2007, 09:20 PM #7Active Member
- Join Date
- Nov 2006
- Location
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Reading,
Pennsylvania
(Berks County) - Posts
- 194
- Rep Power
- 37652
Re: Ban on Weapons in Berks County Parks
I'll see if I can tweak some strings at work and get anywhere...Not sure it will do any good since I might only have a few weeks left there but we'll see..
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May 2nd, 2007, 10:16 AM #8
Re: Ban on Weapons in Berks County Parks
"Political Correctness is just tyranny with manners"
-Charlton Heston
"[The Constitution preserves] the advantage of being armed which Americans possess over the people of almost every other nation...(where) the governments are afraid to trust the people with arms."
-James Madison, Federalist Papers, No. 46.
"America does not go abroad in search of monsters to destroy." [sic]
-John Quincy Adams
"I believe that banking institutions are more dangerous to our liberties than standing armies."
-Thomas Jefferson
Μολών λαβέ!
-King Leonidas
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May 2nd, 2007, 10:55 AM #9
Re: Ban on Weapons in Berks County Parks
Bill USAF 1976 - 1986, NRA Endowment, USCCA
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May 2nd, 2007, 11:03 AM #10
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