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You have four choices:
- Write to the County Commissioners and Parks Department and complain,
- Attend the next County Commissioners meeting and complain,
- Do both, or
- Do nothing.
Back on June 22nd I went with Plan A. Here's what I wrote:
[align=right]Sunday, June 22, 2008[/align]
The Honorable Rodney Ruddock
County Commissioner Chairman
825 Philadelphia Street
Indiana, Pennsylvania 15701
Re: Indiana County Parks & Trails Rules and Regulations Ordinance
Dear Commissioner Ruddock:
As you are aware, the Commonwealth’s Uniform Firearms Act (1995) reads as follows:
18 [/i]Pa.[/i] C.S. [/i]§6120. Limitation on the Regulation of Firearms and Ammunition.[/i]
[/i]
(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.[/i]
Your undated Indiana County parks ordinance, however, does just that. Perhaps it was not corrected when the Uniform Firearms Act came into being? Perhaps it was overlooked when you last updated the ordinance. In any event, it outlaws the lawful carrying for firearms for self-defense, specifically:
- Section VI (Recreational Activities), Subsection F (Hunting Trapping and Firearms) states: “Hunt, trap, carry, bring into, and/or discharge any type of gun, pistol, revolver, air gun, bow and arrow, sling shot or any other weapon in any park except in those specific areas designated for such purposes, nor shall any person shoot into any park from beyond any park boundaries.”[/i]
- Subsection H (Contraband) further states, in part: “…Any weapon or object carried or used by any person is violation of these rules shall be subject to seizure by the appropriate authority or its agents and disposed of according to law.”[/i]
[/i]
What does this mean? Well, the parts of the county ordinance
prohibiting the carrying of firearms are unenforceable, are null and void since they’ve exceeded the authority of the county commission, and are in violation of state law. County government may indeed regulate the discharge of firearms, but not the carrying of same. Should a deputy sheriff, park police or other police officer “enforce” such ordinance, wrongful arrest and abuse of office charges could be laid on the officer, and civil rights violations be filed against the police officer, the police department and Indiana County – not an inexpensive proposition for any defendant.
As stated, I am assuming this is just an oversight on your part and will be readily rectified. According to State Police figures, Indiana County has approximately 5,600 residents licensed to carry firearms concealed (and “open carry” requires no license at all). How many residents already carry in county parks? I do know, should I visit a county park, I would be carrying for personal protection purposes.
Trusting this matter will be attended to in an expeditious manner, I remain,
Most Sincerely Yours,
Henry J. Statkowski
cc: Mr. Ed Patterson,
Parks Director
Indiana County Parks & Trails
1128 Blue Spruce Road
Indiana, PA 15701