Changin Township Park Rules - In Process (Lancaster)

[keystoneman 85]

Hello everyone,

Some of you may have saw a recent post of mine about my first OC adventure. Yeah, it was boring. I made mention that my favorite township park was off limits to me - the good members of this forum let me know that state rule trumps the township park rule. This information made me want to do something about it.

I looked at previous example letters on this site and basically altered one I found. The letter was sent to my Township officials and I can say that I got a response the same day. I will refrain from posting their response/s until everything is finalized. I was told they have recieved my request, they understand my concerns and are now looking into resolving them. I have confirmed that she will keep me updated via email.

Here is the inital letter I sent to the Township.

Warwick Township

315 Clay Road
P.O. Box 308
Lititz, PA 17543-0308
(717) 626-8900 phone
(717) 626-8901 fax

To whom this may concern:

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 ammuni*tion components when carried or transported for purposes not prohibited by the laws of this commonwealth.

Your undated Warwick Township (Linear Park) ordinance, however, does just that. Perhaps it was not corrected when the Uniform Firearms Act came into being? Perhaps it was overlooked when you last updated the ordinance. In any event, it outlaws the lawful carrying for firearms for self-defense.

What does this mean? Well, the parts of the county ordinance prohibiting the carrying of firearms are unenforceable, are null and void since they’ve exceeded the authority of the county commission, and are in violation of state law. Township authorities may indeed regulate the discharge of firearms, but not the carrying of a firearm. Should a Law Enforcement Officer (LEO) try to “enforce” such an ordinance, wrongful arrest and abuse of office charges could be levied on that LEO. Furthermore, civil rights violations could be filed against the police officer, the police department and the township – 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, Lancaster County has approximately 17,000 + residents licensed to carry firearms concealed (and “open carry” requires no license at all). How many residents already carry in township parks? I do know, should I visit a township park; I would be carrying for personal protection purposes.

I’m trusting this matter will be attended to in an expeditious manner. Please keep me updated.

This email was in regards to Linear Park however I would think it could also apply to the other township parks.
Municipal Campus
Lions Park
Riparian Park
Lititz/Warwick Trailway

Take care,
Eric J. Lilly

[bighornjd]

Nicely done. +1 for taking initiative to try and correct an unlawful ordinance. Maybe some other gun owners in that area could send a similiar letter or make a phone call to keep the pressure on them to make sure that something gets done. Sounds like they are willing to actually address the issue though at least. Keep us posted. I wonder how many LTCF holders who would normally carry there don't carry or don't go there at all because they think it is prohibited. I'm sure there are plenty of people out there who don't know or understand preemption. (unless they're PAFOA members )