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Thread: Limerick Township in Violation of preemption?

  1. #1
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    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.

  2. #2
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    The rule is preempted - you can OC there all you want. Many localities in PA have preempted ordinances.

  3. #3
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    On a side note, check out the last sentence of sub section K.


    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.

    K.

    "No animals of any kind are permitted in any playground areas at any time. "

    Anybody want to take a blind person and hisguide dog to apark inLimerick?

    Apparently nobody in Limerick is concerned with PA's preemption laws or the

    Americans With Disabilities Act.



    I can tell you've been Rady8ed, you have a nice glow about you.

  4. #4
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    So is anybody going to take this town to task and ask them to repeal the ordiance?

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    Excel,

    Might I suggest that you drop the relevant County Judge a line,and quote chapter and verse to him?

    Our own Kentucky Coalition to Carry Concealed (KC3) have recently overturned such a ban in Georgetown, Scott County parks.

    Check out http://www.kc3.com Latest news, and see how these things are done!

    If you have such an organisation in PA, get them involved, maybe?

    If not, go it alone!

    Become a pesky gun rights activist! I have done my bit, in a very small way, and it is a lot of wicked fun!

    Listen to what Mr. Stollenwerk is saying, and take Limerick on!

    Best of luck, Sir!

    TrueBrit.

  6. #6
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    "No animals of any kind are permitted in any playground areas at any time. "

    Anybody want to take a blind person and hisguide dog to apark inLimerick?

    Apparently nobody in Limerick is concerned with PA's preemption laws or the

    Americans With Disabilities Act.


    Although, I would not suggest testing section K While OC'ing with your guide dog.

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    TrueBrit wrote:
    Excel,

    Might I suggest that you drop the relevant County Judge a line,and quote chapter and verse to him?

    I would not bother the judge - bother the city council - they created and maintain the ordinance.

  8. #8
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    It is not just Limerick Township. I know that East Goshen and Willistown Townships in Chester County and Chester County Parks owned by the county post similiar signs. In fact, Willistown's sign goes as far as to forbid carry by any law enforcement except on duty Willistown officers ! Yeah, sorry State Police and Feds, the Willistown Township Parks Department says you cannot carry.

  9. #9
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    Mike wrote:
    TrueBrit wrote:
    Excel,

    Might I suggest that you drop the relevant County Judge a line,and quote chapter and verse to him?

    I would not bother the judge - bother the city council - they created and maintain the ordinance.
    An even better idea !

    TrueBrit.

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