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Thread: East Norriton PA Parks sign and code

  1. #1
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    East Norriton PA Parks sign and code

    http://ecode360.com/8110746
    Chapter 139: PARKS AND RECREATION AREAS

    139-2.3 Prohibited acts.
    The following are prohibited:

    G.
    Possession or discharging of any type of firearm.

    ....

    L.
    Minibikes, motorcycles, go-carts, ATV's or other self-propelled vehicles other than automobiles in parking areas.
    are EITHER of these lawful?

    Doesn't PA state preemption make G null?
    And how can they prohibit highway legal plated vehicles from using parking facilities at parks? For some, a motorcycle is there primary or only means of conveyance (it has been with myself at times.)

  2. #2
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    thorsmitersaw:

    Pursuant to Pennsylvania Codified Statutes 18 Pa.C.S. 6120, The East Norriton Ordinance 139-2.3(G) is Preempted.

    Furthermore, it is a General Restriction against The Ordinance Power otherwise Delegated to Local Governmental Units throughout Pennsylvania that They may not Regulate Firearms under 18 Pa.C.S. 2962(g).

    So, Yes..., The Answer to Your Question is that East Norriton Ordinance 139-2.3(G) is Null and Void.

    aadvark
    Last edited by aadvark; 04-16-2014 at 02:10 PM.

  3. #3
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    Then i suppose, similarly, this is also not enforceable. :

    http://ecode360.com/6443229
    143-3
    Carrying or discharging any air rifle, firearm or bow; reporting lost or stolen firearm.
    A.
    It shall be unlawful for any person to carry any air rifle, firearm or bow on the highways or public lands in the Township unless it is unloaded and in a suitable case or securely wrapped.
    In either case, is there some recommended action to take in order to get these removed from the books and removed from public signs?

  4. #4
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    thorsmitersaw:

    Yes..., East Norriton Ordinance 143-3 is also Illegal and Unenforceable.

    The Commonwealth of Pennsylvania ALLOWS Firearms on Public Property and inside Public Buildings, other than: 1. Courthouses, 2. Schools for Children, and 3. Correctional Facilities.

    aadvark
    Last edited by aadvark; 04-17-2014 at 01:46 PM.

  5. #5
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    Quote Originally Posted by aadvark View Post
    thorsmitersaw:

    Yes..., East Norriton Ordinance 143-3 is also Illegal and Unenforceable.

    The Commonwealth of Pennsylvania ALLOWS Firearms on Public Property and inside Public Buildings, other than: 1. Courthouses, 2. Schools for Children, and 3. Correctional Facilities.

    aadvark
    1. Only that portion of the local ordinance addressing the CARRYING of a firearm is preempted by state law. Discharge may be regulated, as long as there's an escape clause for self-defense. As far as air rifles or bows, that may well be within Cheltenham Township's authority. It is, by statute, prohibited to discharge air rifles unless at a properly constructed range (18 Pa. C.S. 6304(b)(2)). Concerning lost or stolen, that has not been clarified by a court decision.

    2. Pennsylvania law allows nothing. It may prohibit certain activity, but it only allows exceptions to a prohibited activity. For example, carrying a firearm concealed is prohibited, but is allowed if one has an LTCF. There is no law permitting open carry, but there is law prohibiting open or concealed carry in certain locations or under certain circumstances.

    3. It's not "courthouses," it's "court facilities" as defined by the statute (18 Pa. C.S. 6120).

    4. Lastly, 18 Pa. C.S. 2962(g) was cited as an authority. Search as I may under Pa. Consolidated Statute (law) or Pa. Code (regulation), I can find no 2962(g) listed.
    Last edited by Statkowski; 04-17-2014 at 09:28 PM.

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