Limerick Township Violates Preemption!?

[exceltoexcel]

It has come to my attention that Limerick township might have an illegal rule regarding parks.

http://www.limerickpa.org/index.htm

Township of Limerick, PA
Chapter 114: PARKS AND RECREATION

ARTICLE I Rules and Regulations [Adopted 3-21-2000 by Ord. No. 209]

The following rules and regulations apply to all parklands owned or acquire by Limerick Township:

§ 114-2. Rules and regulations established.

E. Firearms or other weapons are prohibited.

Is this rule is illegal under the following section of PA law? Seems to me it is!

§ 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.

(a.1) No right of action.--

No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.
Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.

(b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Dealer."
The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition.
"Firearms."
This term shall have the meaning given to it in section 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 6304 (relating to sale and use of air rifles).
"Political subdivision."
The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.

[danp]

Found it on their site (their site barely works in firefox)

I will be contacting them regarding this issue. I will let you know what their response is.

[exceltoexcel]

I've known about this for some time, I was looking to see if I'm right on this.

http://www.limerickpa.org/index.htm click on township code

That will take you to limerick codes at this website

http://www.e-codes.generalcode.com/<-- don't go here directly its harder to find just click on township code and you'll get where you need to go quicker.

Type in firearms in the search area, you'll get chapter 114 and some zoning laws regarding sound proof shooting ranges.

I've been looking for an email address to send them one, however my township is rather small and I, to date, haven't found one.

Here's the good news, I live RIGHT next to the town hall where the meetings are held.

http://www.limerickpa.org/pdf/calend...6_november.pdf

The next meeting is the 30th of November and I'm thinking I should attend and bring this violation to light, would love to have some company!

[exceltoexcel]

I'll be visiting the two parks I know about to see if they have a rules sign up and if it contains such wording, if it does we need to make them change those signs as well.

[exceltoexcel]

Sorry for so many consecutive posts.

Just to let you know the police at the limerick town hall are EXTEMELY nice.

These are the good guys, the BOS probably just made a oversight. An oversight that needs to be corrected, but probably not an intentional slam on gun owners.

I live so close I walked to the police station at the town hall to get my background check, because starting the car and driving there would've taken longer.

I expect a light conversation with the BOS for limerick township would be met with no or very light resistance at most.

[danp]

Excel, What time would this meeting be held? Can you definitely make it? I would like to discuss this further. Join the chat room.

[exceltoexcel]

7pm thursday the 30th found here.

http://www.limerickpa.org/pdf/calend...6_november.pdf

That being said they have canceled meetings before, I've never attended.

Meet you in the chat room

[exceltoexcel]

So after some discussion in the chat room, we are looking for members that would like to attend the limerick town meeting.

If you reside in trappe, royersford, collegeville area we'd really like your support.

Of course if you live in limerick you can help improve the towns rules!

[ChamberedRound]

I don't recall if the State Law prohibits carry in a municipal park or not, but regardless this ordinance is at best redundant.

If the state law says it's legal, then Limerick is violating preemption.
If the state law says it's not legal, then Limerick shouldn't need the ordinance on the books anyway.

[jdlv4_0]

The same goes for Downingtown, they have signs posted in a non-state park that firearms are prohibited, maybe they should be reworded to read, "The carrying of a firearm by a non-liscensed person is prohibited." Or "The unlawful carrying of a firearm is prohibited."