Adams County

[Statkowski]

Sunday, 16 September 2007

County of Adams
Commissioners Office
111-117 Baltimore Street
Gettysburg, Pennsylvania17325-2367

Re: Ordinance No. 1 of 2007 (“An ordinance of the County of Adams, amending Ordinance No. 2 of 1995, regarding the banning of weapons from the county facilities and properties; subjecting persons in and upon county facilities and properties to searches and seizures relative to possession of weapons; and providing for the administration and enforcement of the present ordinance.”)

Dear Commissioners Snyder, Lott & Moreno:

A news article was recently published regarding your desire to amend your ordinance concerning weapons and county facilities/properties. As a concerned citizen and Borough Councilman, I, too, have been in communication with my CountyCommissioners on similar matters. They have been most receptive to the issues I pointed out, and are working to resolve same.

Your Ordinance No. 1 of 2007 addresses the possession and carrying of firearms in and on County facilities and properties. Your County Solicitor should have pointed out that 18 Pa. C.S. § 6120(a) specifically prohibits you from regulating, in any manner, the lawful carrying of firearms. A county ordinance doing otherwise could subject AdamsCounty to a civil lawsuit for violating State Law. Additionally, for enacting such an illegal ordinance, the County Commissioners themselves could be subject to a Private Criminal Complaint filed by a resident of Adams County for violation of 18 Pa. C.S. § 5301, Official Oppression. Both such incidents would not appear favorable for AdamsCounty, either in court or in the press.

As for Adams County worrying about County Court facilities, 18 Pa. C.S. § 913 already addresses that issue; parts of your Ordinance No. 1 of 2007 are redundant and therefore serve no legitimate purpose. Please note that posting and storage requirements are addressed in Section 913 and include the County Court House and outlying Magisterial courts.

Copies of Sections 6120, 913 and 5301 are attached for your information. I do believe your CountySolicitor should have informed you of such prior to your enacting Ordinance No. 1 of 2007. If he did not, he was remiss in his duties.

Although only a lowly Borough Councilman, I am working hard at helping make my portion of the Commonwealth of Pennsylvania a better place to live, without negatively impacting on the rights of our citizens. I am certain that is your goal, too. We all need to have the error of our ways pointed out to us, myself included, and hopefully we can achieve our common goal. This letter is intended in the best possible light as of a constructive nature, and I trust you will accept it accordingly.

Respectfully yours,

[ChamberedRound]

Bravo, Stakowski, bravo.

Read and learn people... this is how to write a letter in support of one's position on the RKBA.