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York County is still looking for a way to ban legally carried firearms from parks.
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York County's ban on guns in parks thrown into question
CARL LINDQUIST The York Dispatch[/url]
Updated:12/15/2008 10:47:06 AM EST
Acontroversy in Lebanon County that erupted after a woman carried a handgun to her daughter's soccer game is prompting questions about whether York County can continue to prohibit guns in its parks.
The parks department spent the last year rewriting its park rules to make them clearer and ensure their relevance, said Tom Brant, executive director. The goal is to get the new rules in place early next year.
One of the key elements still under discussion is whether the county can bar guns from its parks, he said.
Current park rules prohibit people from carrying weapons in the parks unless they're hunting in one of the three where the sport is allowed.
Brant said a controversy in Lebanon County earlier this year prompted him to question whether the county can continue prohibiting firearms in the other parks.
In the Lebanon County case, the county sheriff revoked Meleanie Hain's concealed weapons permit for openly carrying a handgun to her daughter's soccer game. A county judge later reversed the decision.
"The case of the soccer mom carrying the pistol on her side at the game, we're looking into that, how it impacts the public parklands," he said.
Balance: At issue is the balance between an individual's constitutional right to bear arms, the state's right to regulate firearms and a municipality's responsibility to protect public safety, said York County District Attorney Stan Rebert.
State law allows people to openly carry firearms in public places, such as on city streets, said Rebert. However, they are prohibited from concealing a firearm in a purse or waistband, or carrying it in their car without a permit.
Under state law, counties can't regulate the lawful ownership, possession or transportation of a firearm, county solicitor Mike Flannelly noted. The question is how that law is interpreted.
Courts have ruled that counties can prohibit people from carrying firearms in courthouses, Flannelly said. County officials aren't sure if that flexibility would be extended to parks.
"The question is whether those specific safety concerns about a courthouse apply more generically to county park property," Flannelly said. "That's kind of the issue we're struggling with."
He became interested in the county's rules regarding firearms after learning that Lancaster County was reviewing its policy prohibiting guns in its parks.
Flannelly and Rebert said they continue to investigate the issue.
Commissioners: The final decision about how to proceed will rest with the county commissioners, who are responsible for approving the ordinance with the new park rules.
Commissioner Chris Reilly, for one, said he doesn't like the idea of people openly walking around a park carrying a gun, especially when a lot of children are around.
That said, Reilly said the county is bound by the law and its rules must comply. Otherwise, the county's prohibition will just get shot down in court and the county could subject itself to a lawsuit.
"If you have a right to carry it, then you should be able to carry it," Reilly said. "If you have a right to carry it and you take that right away, obviously we'll have problems in the courts."
-- Reach Carl Lindquist at 505-5432 or clindquist@yorkdispatch.com.
York County is still looking for a way to ban legally carried firearms from parks.
Full text below.............
York County's ban on guns in parks thrown into question
CARL LINDQUIST The York Dispatch[/url]
Updated:12/15/2008 10:47:06 AM EST
Acontroversy in Lebanon County that erupted after a woman carried a handgun to her daughter's soccer game is prompting questions about whether York County can continue to prohibit guns in its parks.
The parks department spent the last year rewriting its park rules to make them clearer and ensure their relevance, said Tom Brant, executive director. The goal is to get the new rules in place early next year.
One of the key elements still under discussion is whether the county can bar guns from its parks, he said.
Current park rules prohibit people from carrying weapons in the parks unless they're hunting in one of the three where the sport is allowed.
Brant said a controversy in Lebanon County earlier this year prompted him to question whether the county can continue prohibiting firearms in the other parks.
In the Lebanon County case, the county sheriff revoked Meleanie Hain's concealed weapons permit for openly carrying a handgun to her daughter's soccer game. A county judge later reversed the decision.
"The case of the soccer mom carrying the pistol on her side at the game, we're looking into that, how it impacts the public parklands," he said.
Balance: At issue is the balance between an individual's constitutional right to bear arms, the state's right to regulate firearms and a municipality's responsibility to protect public safety, said York County District Attorney Stan Rebert.
State law allows people to openly carry firearms in public places, such as on city streets, said Rebert. However, they are prohibited from concealing a firearm in a purse or waistband, or carrying it in their car without a permit.
Under state law, counties can't regulate the lawful ownership, possession or transportation of a firearm, county solicitor Mike Flannelly noted. The question is how that law is interpreted.
Courts have ruled that counties can prohibit people from carrying firearms in courthouses, Flannelly said. County officials aren't sure if that flexibility would be extended to parks.
"The question is whether those specific safety concerns about a courthouse apply more generically to county park property," Flannelly said. "That's kind of the issue we're struggling with."
He became interested in the county's rules regarding firearms after learning that Lancaster County was reviewing its policy prohibiting guns in its parks.
Flannelly and Rebert said they continue to investigate the issue.
Commissioners: The final decision about how to proceed will rest with the county commissioners, who are responsible for approving the ordinance with the new park rules.
Commissioner Chris Reilly, for one, said he doesn't like the idea of people openly walking around a park carrying a gun, especially when a lot of children are around.
That said, Reilly said the county is bound by the law and its rules must comply. Otherwise, the county's prohibition will just get shot down in court and the county could subject itself to a lawsuit.
"If you have a right to carry it, then you should be able to carry it," Reilly said. "If you have a right to carry it and you take that right away, obviously we'll have problems in the courts."
-- Reach Carl Lindquist at 505-5432 or clindquist@yorkdispatch.com.
