UPDATED w/ pics: Full Story - Success With Township Park Rules

[keystoneman 85]

Hello all,

As some of you may have been aware I took to writing a letter to my township about out local township parks and the verbiage on their Welcome signs that prohibit the carry (in any manner) of various types of weapons.

I feel that at this point it is OK for me to post the correspondence. It took awhile, but all in all it was pleasant, I was kept in the loop, and it looks as if they will rectify the signs soon.

June 22nd 2009 - From Me

Good Afternoon,

Please let me start off by apologizing if this email was sent to the wrong party. If that is the case would you be able to assist me in seeing it gets to the correct party?

Thank you,
[me]

---------------------------


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,
[me]

June 22nd 2009 - From Township

Good Afternoon,

We are currently researching your request. We will take any applicable action necessary pertaining to the park signs.
If you have any questions, or need additional information, please do not hesitate to contact our office.

Sincerely,
[name]
Warwick Township
(Lancaster County)
315 Clay Road
PO Box 308

Lititz, PA 17543-0308
(717) 626-8900
www.warwicktownship.org

June 22nd 2009 - From Me


Hi [name]

Thanks very much for the fast reply. Will you please keep me updated via email or do you require me to give a call in a few days for an update?

Have a great day.
[me]

June 22nd 2009 - From Township

Hi [me],

I will send you a follow-up e-mail when we receive a clarification on the issue.

Sincerely,
[name]
Warwick Township
(717) 626-8900

June 22nd 2009 - From Me

Perfect. Take care.

Thanks,
[me]

June 26th 2009 - From Me

Hi [name]

Happy Friday to you! Just checking in to see if there are any updates on this?

Take care,
[me]

June 26th 2009 - From Township

Hi [me],

I sent the information to the legal department at the PA State Association of Township Supervisors to see if they have specific language that they recommend for township park signs. I found out only yesterday that their Solicitor is not always in the office. We might simply cover the section of the Rules and Regulations as it pertains to possessing firearms (the regulation against discharging firearms could remain in effect). I apologize for the delay in getting back to you. I'll try to have a more definite answer for you on Monday.

Sincerely,
[name]
Warwick Township
(717) 626-8900

June 29th 2009 - From Township

Hi [me],

I just wanted to follow-up regarding your request. As I indicated, the Solicitor for PSATS is not in the office. I spoke with another individual in their legal department who indicated that he will review the specific sign language and try to get back with me before the end of the week. Again, it's the specific language that we're reviewing, as it pertains to carrying and possessing. I'm not quite sure the law allows a gun to be carried in someone's hand; and the specifics pertaining to possessing relate to permit requirements (concealed), and/or the ability to open-carry.

I will follow-up with you again when I receive a response from PSATS.

Sincerely,
[name]
Warwick Township
(717) 626-8900

p.s. I will be on vacation beginning Thursday, July 2nd and will return to the office on Wednesday, July 8th. I will not have access to my e-mail during this time. If I don't receive a response from PSATS this Wednesday (7/1), I will be back in touch with you on July 8th simply to follow-up. [name]

July 8th 2009 - From Township

Hi [me],

I still have not received a response from anyone at PSATS regarding the gun issue. I sent another e-mail to them this morning requesting a follow-up, but I haven't heard back yet. I leave today at 1pm. If I hear anything before then I'll get back to you. As I indicated, I was out of the office until today, so I have not had the opportunity to follow-up with the Township Manager, either. Again I apologize for the delay. I'm hoping I'll have more information by Friday!

Sincerely,
[name]
Warwick Township
(717) 626-8900

July 8th 2009 - From Me

Hi [name]

Patiently awaiting your response.

Regards,
[me]

July 8th 2009 - From Township

Hi [me],

Like I said, I had not discussed this with our Township Manager; however, he just advised me that we did hear back from PSATS. We will simply cover the words carry & possess on the signs, and leave the language pertaining to discharging weapons. Our Roadmaster indicated that he will try to have the park signs adjusted within the next two weeks.
If you have any questions, or need further information, please do not hesitate to contact our office.

Sincerely,
[name]
Warwick Township
(717) 626-8900

July 8th 2009 - From Me

Thank you! Is it possible to recieve an update on when the signs have been corrected? And this will pertain to all of the Township parks and not just Linear Park, I assume?

Have a good day,
[me]

Comments | Concerns | Anything else?

Take it easy,
Eric

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Updated: Well its over. They changed the signs. I'm satisfied. Here they are. Note that the way they changed the signs seem to make it now OK to also possess fireworks, bow and arrow, etc in the park. LOL

Before:



After:

[Himni]

Great Job!!! Way to stay on them until the fixed the problem. I wish it was this easy for everyone to get things like this fixed.

Rep inbound.

[The Unknown 1087]

Nice!

It took awhile for ephrata to finally correct their issue.

Congrats to you!

Rep sent.

[keystoneman 85]

Thank you gentlemen, ohh and I should add that my inital email is basically copy and pasted from another member here (wish I remember who, if its you SPEAK UP). I would just like to thank them for letting me copy/edit their letter.

[falcn]

Good job.

I would have replied about the "carrying in your hand" not being open carry - seems lots of people have that misconception.

[Karl/PA]

Excellent. Thats the way the system is supposed work. Good job.

[Statkowski]

One step at a time, always moving forward. All of us can do something.

[tommy610]

Rep to you, Keystoneman.

[Howard Bullock]

Good job +1 to you

[sbaker]

Good job +1 to you

^^^ this
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