Ban on Weapons in Berks County Parks

[SSCUSTER]

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.

[ChamberedRound]

Originally Posted by SSCUSTER

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.

This may be true, but not in the case of firearms, due to the preemption clause of the UFA.

Originally Posted by SSCUSTER

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.

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.

[SSCUSTER]

Originally Posted by ChamberedRound

TNot 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.

The Berks Sherriff's Office could only tell me that "that is a gray area of the law."

[ChamberedRound]

Originally Posted by SSCUSTER

The Berks Sherriff's Office could only tell me that "that is a gray area of the law."

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.

[danp]

Originally Posted by SSCUSTER

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 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

§ 2961. Scope of powers of home rule.

A municipality which has adopted a home rule charter may exercise any powers and perform any function not denied by the Constitution of Pennsylvania, by statute or by its home rule charter. All grants of municipal power to municipalities governed by a home rule charter under this subchapter, whether in the form of specific enumeration or general terms, shall be liberally construed in favor of the municipality.

Municipalities are denied the power to regulate arms and ammunition, so it would only seem logical that their home-rule charter would not allow them to do so.

I am not a lawyer, and there may be nuances I am not aware of, but it seems fairly clear to me.

[TrybalRage]

We have parks?

How about an open carry day?

[jsmithxd]

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..

[ChamberedRound]

Originally Posted by jsmithxd

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..

Huh??? Is this because of what might happen in the election, or something else?

[billamj]

Originally Posted by ChamberedRound

Huh??? Is this because of what might happen in the election, or something else?

I mean Really. I mean who gave jsmithxd permission to quit? I'm sure that I didn't. Dan, did you do something? Not that it matters one iota, if you move on jsmithxd just make sure that you stay on board here.

[SSCUSTER]

Originally Posted by jsmithxd

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..

If I'm not beeing too nosey, where do you work, jsmithxd?