Pa. Patriot
State Researcher
imported post
Several PAFOA members and myself have been working on getting a Hazle Twp park rule amended to be compliant with state law.
The original PAFOA.org thread is here:
http://www.pafoa.org/forum/concealed-open-carry-121/26056-preemption-violation-hazle-twp-park-hazleton-harleigh-pa.html
Since we have met with resistance on this endeavor, I am going to copy the relevant parts of our progress thus far over to this thread in the hopes of soliciting suggestions and to have this stand as a useful research thread for others to use in their town/state.
============================================================
We start with the email correspondence between PAFOA and OCDO member Gnbrotz and the twp.
Gnbrotz initial e-mail after receiving the application/rules for park use (sent on evening of 6/19):
Their reply (received 6/20):
And Gnbrotz reply (sent evening of 6/20):
Several PAFOA members and myself have been working on getting a Hazle Twp park rule amended to be compliant with state law.
The original PAFOA.org thread is here:
http://www.pafoa.org/forum/concealed-open-carry-121/26056-preemption-violation-hazle-twp-park-hazleton-harleigh-pa.html
Since we have met with resistance on this endeavor, I am going to copy the relevant parts of our progress thus far over to this thread in the hopes of soliciting suggestions and to have this stand as a useful research thread for others to use in their town/state.
============================================================
We start with the email correspondence between PAFOA and OCDO member Gnbrotz and the twp.
Gnbrotz initial e-mail after receiving the application/rules for park use (sent on evening of 6/19):
Hello,
I spoke briefly with someone in your office today regarding the rental of the "medium" pavilion in Community Park. Upon receipt of the application and review of the park rules (specifically Rule #6), I have decided that I cannot have my event in your township.
I am licensed by the state to legally carry a firearm, and do so daily as I go about my travels. I understand that it is my responsibility to do so in a manner that is consistent with the law. To that end, I have familiarized myself with Pa.'s laws regarding the ownership, possession and carry of firearms.
State law specifically prohibits any regulation of firearms by local municipalities in any manner that is inconsistent with state law:
§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.
This means that the park rule prohibiting firearms in township parks, even if backed by a resolution, ordinance, etc., is rendered null by state law and unenforceable (because state law does not prohibit lawful carry in public parks). I have chosen to move my event to a different location, as I don't wish to intentionally place myself where a conflict could occur; but, the township needs to be aware of this discrepancy. If I were simply passing through and happened upon your park, I would certainly ignore the sign, as any penalty the township attempted to impose would be promptly tossed out in court. Additionally, should an officer “enforce” this rule, wrongful arrest and abuse of office charges could be laid on the officer, the police department and the township – not an inexpensive proposition for the borough.
I would appreciate a formal response to this correspondence from the Township Solicitor or a representative of the Board of Supervisors so that this issue can be permanently resolved.
Respectfully,
Greg Rotz
Their reply (received 6/20):
Dear Mr. Rotz,
I am sorry to hear you do not wish to utilize our park. I have forwarded
your e-mail to our solicitor at your request for response.
Frances Calarco
Zoning/Code Enforcement/Fire Inspector
P 570-455-2039
F 570-453-2402
zoning@hazletownship.com
And Gnbrotz reply (sent evening of 6/20):
Ms. Calarco,
Thank you for your reply, and for forwarding my concerns to the Solicitor for his response. The park looks like it would be an excellent venue to use, so I hope this matter can be resolved so that I can consider Community Park for a future outing.
Sincerely,
Greg Rotz