Limerick Township Violates Preemption!?

[billamj]

Originally Posted by Frenchy

PUBLIC parks are not private property, they are property every one pays with their tax dollars. Cant apply as private property at all.

Unfortunately I'm not so sure of that Frenchy. State colleges and universities are paid for with tax dollars and they are able to ban firearms using the private property laws. Thats why I said it will be interesting to find out how this turns out.

[exceltoexcel]

Doesn't matter if the parks are considered private or public.

Its not about the park or township land, don't let that that confuse the issue.

The preemption law states they can not pass any law regarding gun ownership, possession or transportation.

Private public military bases whatever they cannot pass a law regarding gun ownership, possession or transportation, period.

[billamj]

I certainly hope that the courts will hold that way, I'm just saying that the possibility exists that it could be held the other way. I very much hope that I am wrong.

[LittleRedToyota]

this is how i read it...mind you, i am not a lawyer.

i think the difference between a university and a park is that the university is adminsitered by, well, the university...not a "county, municipality, or township".

the pre-emption laws specifically prevents any "county, municipality, or township" from regulating firearms, but does not prevent a university from doing so.

however, a university cannot pass laws. all they can do is enact university regulations...which means they can ask you to leave if you are found to have a gun on their campus (and, if you are a student, they can expel you because, as a condition of being a student, you have agreed to abide by their regulations).

the county, municipality, or township could containing the university, however, could not regulate firearms on the campus..

parks (other than state and national parks), on the other hand, are adminstered by a county, municipality, or township...these entities are specifically barred from regulating firearms, so there doesn't seem to be any entity with the legitimate authority to in any way regulate firearms in a park.

that's my non-lawyer take on it, anyway.

[Siobhra]

Originally Posted by exceltoexcel

Private public military bases whatever they cannot pass a law regarding gun ownership, possession or transportation, period.

Military base? That's federal, are you sure about that?

[Frenchy]

Originally Posted by Siobhra

Military base? That's federal, are you sure about that?

Oddly enough, there are military bases that have gun ranges open to the "public" mind you you have to be accompanied by a military that lives there.
Might also be interested in knowing the Army guys at Ft Bening had the top 3 shooters at the ESPN2 outdoor games for shotgunlast year ...

[jsmithxd]

Reading has the same regs for all of its parks. Sounds like it might be the same way everywhere.

[danp]

Originally Posted by Frenchy

Oddly enough, there are military bases that have gun ranges open to the "public" mind you you have to be accompanied by a military that lives there.
Might also be interested in knowing the Army guys at Ft Bening had the top 3 shooters at the ESPN2 outdoor games for shotgunlast year ...

Actually, it's federal law as best I can tell:

Originally Posted by 10 USC § 4309: Rifle ranges: availability for use by members and civilians

10 USC § 4309: Rifle ranges: availability for use by members and civilians
(a) Ranges Available.— All rifle ranges constructed in whole or in part with funds provided by the United States may be used by members of the armed forces and by persons capable of bearing arms. (b) Military Ranges.— (1) In the case of a rifle range referred to in subsection (a) that is located on a military installation, the Secretary concerned may establish reasonable fees for the use by civilians of that rifle range to cover the material and supply costs incurred by the armed forces to make that rifle range available to civilians.
(2) Fees collected pursuant to paragraph (1) in connection with the use of a rifle range shall be credited to the appropriation available for the operation and maintenance of that rifle range and shall be available for the operation and maintenance of that rifle range.
(3) Use of a rifle range referred to in paragraph (1) by civilians may not interfere with the use of the range by members of the armed forces.

(c) Regulations.— Regulations to carry out this section with respect to a rifle range shall be prescribed, subject to the approval of the Secretary concerned, by the authorities controlling the rifle range.

[GeorgeF]

Well heck! Time to start going to military bases and use their ranges! Wonder if they will let me shoot at those big targets and have guy there to tell me where it hit?

Sorry all, just saw this post and as I am in Collegeville area I would have gone to this meeting as well. Let me know if anything else needs to be done.

[Siobhra]

In 1965 I was stationed at Willow Grove and a group of us were taken across the street to the Army Reserve Building to target practice on their indoor range. If it is still there it might be a nice place to go at lunch time to squeeze off a few shots.

Now, who do I see to get in?