Township Will Not Update Park Laws to Allow Firearms

[PADriver13]

My question involves criminal law for the state of: PA

I live in a small township and have now sent three different written requests to have them update their township park ordinances to conform to the UFA, and they will not respond to me or provide any guidance.

Currently, my Township bans all firearms in township parks. This is illegal, since PA since passed the Uniform Firearms Act, which essentially states that a local municipality cannot enact firearm laws that do not already exist at the State level. Therefore, since the State of PA does NOT ban firearms in parks, local municipalities cannot ban firearms in parks.

As a resident of this township, I like to go fishing in one of the local parks and also use the bike path that goes through several township parks. Since the township has blatantly ignored three written requests, what would the next step be in order to get my local Township to conform to the State laws?

Thank You

Edit - my written requests were sent to the Township President and all members of Township Council.

[flyingron]

There's no requirement for them to rescind the law. The act only bans them from attempting to enforce it. The state act preempts any local regulation to the contrary.

[jk]

so, what that means if you are charged with carrying a firearm in the park, you use the superior laws to defeat the charge. Sorry to say but that is how many of our laws are changed.

[cdwjava]

Do you already possess a permit to carry a concealed firearm in PA? If not, why do you think the law would allow you to carry one?

[PADriver13]

Do you already possess a permit to carry a concealed firearm in PA? If not, why do you think the law would allow you to carry one?

Yes, I do possess a LTCF in PA. But regardless, open carrying requires no license or permit.

so, what that means if you are charged with carrying a firearm in the park, you use the superior laws to defeat the charge. Sorry to say but that is how many of our laws are changed.

So what you are saying is that there is no requirement for the Township to change the existing laws to conform to state laws? Ok, so how do I legally use the Township facilities that I pay taxes for? Either disarm myself when attempting to use? Or carry anyway, see if there is an issue, potentially get arrested, and then fight the charge based on the fact that local law cannot preempt State law?

[free9man]

Or carry anyway, see if there is an issue, potentially get arrested, and then fight the charge based on the fact that local law cannot preempt State law?

Pretty much. Or if you have a lot of money, talk to an attorney about a preemptive suit.

[PADriver13]

Thanks. Pretty much what I figured, but wanted other opinions. Can anyone explain to me why the Township is not obligated to update their ordinances that contradict State law? Just wondering why there isn't some requirement to ensure all ordinances conform and are correct.

[jk]

Thanks. Pretty much what I figured, but wanted other opinions. Can anyone explain to me why the Township is not obligated to update their ordinances that contradict State law? Just wondering why there isn't some requirement to ensure all ordinances conform and are correct.

because the requirement on them is no greater than it is on a state or the federal government. There are hundreds, if not thousands of laws on the books in various jurisdictions that have been ruled unConstitutional or otherwise invalid yet they still sit on the books, until a person is charged with the crime. Then the law is reviewed with the reason causing it validity issue and either removed from the books or modified such that it complies with the current rules in place.

[cdwjava]

Maybe I'm missing something in the law, but I don't see where it grants some grand and universal carry right or where it obligates cities not to restrict the carrying of firearms in certain places.

As for licenses, here's what PA law - the UFA - says on that:

6106. Firearms not to be carried without a license.
(a) Offense defined.--
(1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.
(2) A person who is otherwise eligible to possess a valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.

Is there some other area of the statute that contradicts this?

The UFA seems to have as its intent the uniform applicability of laws regarding permitted carry, not a preemption of other local regulations.

- - - Updated - - -

because the requirement on them is no greater than it is on a state or the federal government. There are hundreds, if not thousands of laws on the books in various jurisdictions that have been ruled unConstitutional or otherwise invalid yet they still sit on the books, until a person is charged with the crime. Then the law is reviewed with the reason causing it validity issue and either removed from the books or modified such that it complies with the current rules in place.

Yep. Heck, in my city it's still a crime to spit on the sidewalk or the street, and to curse in the presence of a woman or a child. No effort has been made to remove these statutes even though they would be impossible to prosecute.

[PADriver13]

cdwjava - 18 Pa.C.S. § 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.

So as I read this, no township may in any manner regulate the lawful ownership, possession...not prohibited by the laws of this Commonwealth. So, therefore, since the State does not make it unlawful to possess a firearm in a park, no municipality or township can have that as a law either?