Municipalities in violation of §6120 (Preemption)

[LittleRedToyota]

Originally Posted by ccphilly1984

they restrict smoking in certain areas of their parks even though has a pa preemption for them laws too...

my guess is that those restrictions actually come from the state clean air act.

if they don't and the county/township has passed its own regulations regarding smoking, someone might win in court if they sued to make them stop enforcing those bans.

the preemption clause in the clean air act is not nearly as clear cut as the PA UFA preemption clause, though.

it's about property rights.

in this case, the preemption clause specific limits what this particular property owner (municipality or county) can do in regards to regulating the possession of firearms.

namely, they may not *in any manner* regulate the possession of firearms.

[LittleRedToyota]

Originally Posted by ccphilly1984

there is one (a preeemption) for smoking, but governments restrict smoking in their buildings and can do it in their parks too.

the *state* regulates smoking in buildings...and on other public property.

If you want to carry in your park, then take it to the pa supreme court... I don't even bother to carry unless i'm going to "the hood"

if i ever actually get arrested for carrying in a park...or even just kicked out of the park...you can bet it will be going to court.

of course, that isn't likely to happen as i CC and allegheny county doesn't have a no guns in our parks rule anyway (at least not if you have an LTCF).

[Pa. Patriot]

Originally Posted by ccphilly1984

there is one (a preeemption) for smoking, but governments restrict smoking in their buildings and can do it in their parks too. If you want to carry in your park, then take it to the pa supreme court... I don't even bother to carry unless i'm going to "the hood"

No need to go to the SC since possession is clearly, and fully, preempted in SS6120.
There are no exceptions. None.

§ 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

[ChamberedRound]

Amity Township
Ordinance 40, Amity Township Park Ordinance
Status: Currently in place. No known incidents where it was enforced. Pre-UFA ordinance which was never repealed.
Enacted on: 02/04/1972

Relevant text from the ordinance follows. Emphasis added by me:

Section 1: This ordinance shall be known and may be cited as the "Amity Township Park Ordinance". Wherever in this ordinance the term "Park" is used, it shall be deemed to include playgrounds, recreation areas, and other spaces owned and controlled by the Township of Amity.

...

Section 11: No person shall carry or use firearms, or throw stones or other missiles, or leave dead animals or offensive matter of any kind in a park.

Amity Township
Ordinance 228, An Amendment to Ordinance 40, the "Amity Township Park Ordinance"
Status: Currently in place. No known incidents where it was enforced.
Enacted on: 10/03/2006

Relevant text from the ordinance follows. Emphasis added by me:

Section 1: Section 122, entitled "Hunting", of Part 1, entitled "Parks and Recreation Areas", of Chapter XX, entitled "Parks and Recreation Areas", of the "Township of Amity Code of Ordinances", is hereby amended and restated in its entirety as follows:

Section 122, Hunting: Hunting on park grounds is allowed only on Monocacy Hill, and only in compliance with the regulations and stipulations as set forth in the statutes commonly known as the Game Laws of the Commonwealth of Pennsylvania, Part 3, entitled "Discharge of Firearms" of Chapter XIV, entitled "Health and Safety", of the Township of Amity Code of Ordinances (commonly known as the Township's Gun Ordinance), and only a lawful distance from area picnic grounds, publicly occupied parks, and houses. Additionally, the following regulations shall apply:

(a) All firearms are prohibited on Monocacy Hill with the exception of the following:
(1) Shotguns, black powder muzzle loaders, bows and arrows and long, recurve and compound bows.

...

[coat4gun]

Millersville Borough (Lancaster county)
Status: Currently in place. No known incidents where it was enforced.
Enacted: 11/27/2001

http://www.millersvilleborough.org/m...Ordinances.pdf

§103. PROHIBITED CONDUCT.
No person in attendance at park shall:

S. Hunt for, capture or kill, or attempt to capture or kill, or aid or assist in the capturing or killing of, in any manner, any wild bird or wild animal of any description, either game or otherwise, and to that end, it is unlawful for any person to carry onto or possess in any park, a hunting knife or a shotgun or rifle or pistol or firearm of any make or kind.

[gnbrotz]

Allentown (city)(Lehigh county)
Status: In place, one reported confiscation. Firearm returned without pursuit of legal action.
Enacted on: 6/19/62

Found online here.

ARTICLE 734
WEAPONS

734.01 No Carrying or Discharging of Firearms or Weapons
734.02 Exceptions
734.03 Police Action Against Violators
734.99 Penalty
Discharge of Weapons – 3rd Class §2403 (26) (53 P.S. §2403 926)
Uniform Firearms Act – 18 P.S. §6101 et seq.

734.01 NO CARRYING OR DISCHARGING OF FIREARMS OR WEAPONS

No person shall use, carry or discharge firearms of any kind, air rifles, spring guns, bows and arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety within the limits of the City or upon any property owned by the City. (9828 §1 6/19/62)

734.02 EXCEPTIONS

This regulation shall not apply to the use of the within-mentioned weapons at indoor or outdoor ranges approved by the Chief of Police or to licensed hunters carrying such weapons upon leaving or returning to the City from unlawful hunting beyond the City limits. (9828 §2 6/19/62)

734.03 POLICE ACTION AGAINST VIOLATORS

The Chief of Police shall have the right to seize, take, possess, remove or destroy any weapons herein mentioned involved in a violation of the provisions of this article. (9828 §3 6/19/62)

734.99 PENALTY

Any person violating any of the provisions of this article shall be fined not more than One Thousand ($1,000) Dollars or imprisoned more than ninety (90) days, or both. (11995 §1 2/21/73; 13034 §5 3/6/91)

[gnbrotz]

Morrisville Borough (Bucks county)
Status: Currently in place. No known incidents where it was enforced.
Enacted: 04/14/1992
Originally posted by Statkowski:

Gotta love the Internet and municipalities putting their ordinances on-line. In defense of the following (it's not much of a defense, but it is a small one), it looks like the 1985 ordinance was just copied over when the borough codified its ordinances.

http://e-codes.generalcode.com/codeb...t=ws&cb=2399_A

Chapter 189: FIREARMS
[HISTORY: Adopted by the Borough Council of the Borough of Morrisville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 80.
Parks and recreation areas — See Ch. 305.
Disorderly conduct — See Ch. 312.
Zoning — See Ch. 465.

ARTICLE II Possession of Firearms in Borough Buildings [Adopted 4-14-1992 by Ord. No. 855]

§ 189-5. Prohibited acts.
No person shall carry or have in his or her possession or on his or her person a firearm while in any of the following rooms or areas of buildings owned or under custody of Morrisville Borough including, but not limited to the Borough Municipal Building, Annex Building, Library and Water Treatment Plant as follows:
A. The Police Department, except when this provision is waived by the police officer in charge;

B. Any non-public office or office area including the public area of the counter of the Borough Administration offices;

C. Any store room; and

D. Any meeting room (including Council Chambers and the Caucus Room) while such room is occupied by a person(s).

§ 189-6. Definition.
A firearm is herein defined as any pistol, shot-gun, rifle or similar weapon from which a projectile is fired by gunpowder.

§ 189-7. Exceptions.
The provisions of this article shall not apply to:
A. Constables, sheriffs, prison or jail wardens or their deputies, policemen of this Commonwealth or its political subdivisions, or other law enforcement officers;

B. Members of the United States military services or organized reserves when on duty;

C. Officers or employees of the United States duly authorized to carry a concealed firearm;

D. Agents, messengers and other employees of common carriers, banks or business firms, whose duties require them to protect monies, valuables and other property in the discharge of such duties; and,

E. Any person engaged in the business of manufacturing, repairing or dealing in firearms, or the agent or representative of any such person, having in his possession, using or carrying a firearm in the usual or ordinary course of such business.

§ 189-8. Violations and penalties.
Any person or individual violating the provisions of this article shall be guilty of a summary offense and upon conviction thereof before a District Justice shall be subject to the payment of a fine not less than $100 nor more than $600 and the costs of prosecution, and in default of payment thereof, shall undergo imprisonment in the Bucks County Prison for a period not exceeding five days.

*Note that no exceptions are made for the lawful carrying of firearms by The People (either concealed carry with an LTCF or open carry without). Clearly this is contrary to the Uniform Firearms Act of 1995 (which the ordinance predates).

Morrisville Borough (Bucks county)
Status: Currently in place. No known incidents where it was enforced.
Enacted: 10/14/1969

The borough's parks & recreation ordinance is a little more confusing.

http://e-codes.generalcode.com/codeb...t=ws&cb=2399_A

Chapter 305: PARKS AND RECREATION AREAS
[HISTORY: Adopted by the Borough Council of the Borough of Morrisville 10-14-1969 by Ord. No. 624. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 80.
Alcoholic beverages — See Ch. 110.
Amusements — See Ch. 114.
Animals — See Ch. 118.
Bicycles — See Ch. 125.
Outdoor burning — See Ch. 136.
Curfew — See Ch. 169.
Firearms — See Ch. 189.
Littering — See Ch. 272.
Loitering — See Ch. 278.
Disorderly conduct — See Ch. 312.
Transient retail merchants — See Ch. 316, Art. I.
Solid waste — See Ch. 360.
Subdivision and land development — See Ch. 390.
Vehicles and traffic — See Ch. 435.
Zoning — See Ch. 465.

§ 305-1. Rules and regulations applicable to all parks and playgrounds; fees. [Amended 10-27-1969 by Ord. No. 625; 8-11-1970 by Ord. No. 633; 9-12-1972 by Ord. No. 657; 9-9-1980 by Ord. No. 754; 8-14-1984 by Ord. No. 789; 5-15-2000 by Ord. No. 905; 6-17-2002 by Ord. No. 920] For the purposes of this chapter, natural lands in Zoning District CS-2 shall be considered parks. See Chapter 465, Zoning, Article IV, for additional regulations. The following rules and regulations shall apply to all parks and playgrounds under the jurisdiction and control of the Borough of Morrisville:

A. Park usage.

(1) Usage of athletic fields and game areas in parks and playgrounds is restricted to Borough residents and their guests only.

(2) No persons, other than authorized Borough personnel, shall be allowed in a park or playground from dusk to dawn except that Borough Council may from time to time grant permission for an event sponsored by a Borough or Morrisville-based organization. The Borough shall make such policy, rules or regulations as it deems appropriate. Approval shall be at the sole discretion of the Borough Council. [Amended 5-21-2002 by Ord. No. 919]

(3) No dogs or other animals shall be permitted in Borough parks or playgrounds, except under leash and under control of the owner. The provisions of Chapter 118, Animals, Article III, Control of Animal Defecation on Public and Private Property, of the Code of the Borough of Morrisville, are applicable to parks and playgrounds, and the terms and conditions thereof are incorporated herein by reference as though set forth in full.

(4) The activities listed below shall not be permitted in any park or playground unless a permit has been secured for such activity from the Borough Council, or its agent, the Borough Manager. No permit shall be issued unless an application therefor shall have been made at least 24 hours before the time of the activity. In the case of seasonal activities, a permit may be issued for the entire season.

(a) Groups or parties in excess of 12 persons.

(b) Placements of placards, advertisements or public notices.

(c) Fires, other than in a fireplace or other equipment provided for cooking purposes, or for a bonfire or campfire as part of an authorized event.

(d) Firearms or the discharge of firearms or other weapons.

(e) Soliciting of alms or subscriptions.

(f) Selling or exposing for sale any articles.

"Firearms" is listed as an activity warranting a permit issued by the borough council. Huh?

[gnbrotz]

Pointed out to me by another user:
Can be found online here.

West Whiteland Twp. (Chester County)

ARTICLE I Parks and Open Space Regulations
§ 224-1. Implementation.

The purpose of this article is to provide rules and regulations for the use of and conduct in the developed parks, designated open space and undeveloped parkland owned or operated by West Whiteland Township. The rules and regulations of this article apply to all parks, playgrounds, fields, trails, and open space owned or operated by the Township open to the public for active or passive recreational use. The term "parks" as used herein shall include all of the aforementioned recreational areas and the facilities located therein. This article is enacted to protect the health, safety and welfare of the Township's residents and park users. The Township reserves the right to, and may from time to time, amend or enact rules and regulations by resolution of the Township Board of Supervisors which it considers necessary and proper to implement the provisions of this article and for the proper administration of the parks.

§ 224-2. General rules.
H. Firearms. No person other than an officer of the law shall carry any firearm within the limits of the parks.

[gnbrotz]

I'm unclear on the specifics of how deep this violation goes, but when attempting to reserve a pavilion in Hazle Township, I found that their "Park Rules" (included with the pavilion rental application) listed as Rule #6 - "Hunting and possession of firearms are prohibited".

I have already addressed this via e-mail to the folks I was in touch with regarding the rental, and they have forwarded the e-mail on to the Solicitor at my request. Hopefully this one won't be on the list for very long.

[gnbrotz]

Indiana County Parks:

Firearms are prohibited, except in areas designated for hunting.

RESOLVED

See here (Municipalities in violation of §6120 (Preemption)) for details.