t1m0thy
Regular Member
imported post
Borough Ordinances and Essential Liberty
All of us like our communities to be safe places for we and our families to live and enjoy. We all want order and peace and expect our neighbors to abide by the law and not commit crimes which inflict harm upon us. Sometimes in the effort to preserve their safety good people go too far and infringe upon the rights of others to ensure their safety as they see fit. This is why we have a Bill of Rights in our U.S. Constitution; because the framers of this country knew the nature of goverment to overstep its bounds even with the best of intentions. Unfortunately, several communities in the area have committed a violation against the civil rights of their citizens through several illegal borough and city ordinances. Mill Hall, Flemington, and the city of Lock Haven have provisions in their laws that limit the right of law abiding citizens to carry arms in defense of themselves and their families in parks and recreation areas. In addition, Flemington borough has an ordinance prohibiting obcense language in the park which is a direct violation of free speech. These laws and in particualar those banning the carry of firearms are in direct violation of state law which prohibits local government from regulating the carry of firearms where state law does not prohibit. Allow me to quote first the PA Uniform Firearms Act(§6120.):
"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."
Now allow me to quote our state constitution:
""The right of the citizens to bear arms in defense of themselves and the State shall not be questioned."
So if the law is clear why is there a problem? Why do I have to bother fighting for a right that is established so clearly by state law and our U.S. Constitution? It is the same reason most civil liberties and freedoms fall by the wayside and its one word: safety. In the name of feeling safe people will hand over right after right. They will even give up the rights of others to make themselves feel safer, but what they fail to understand is the principle of essential liberty. The idea that there a concrete set of freedoms which are needed for the continued success of a free society. Laying any one of these down in the name of any pragmatic ideal is foolhardy if you want to preserve individual liberty. I will use one my most favorite quotes from the man who helped father not just this state's government but that of our nation:
"They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. - Benjamin Franklin "
I am submitting letters to each of these local governments and requested they change their law to reflect state law. I am writing this as a service to those who agree and disagree with me alike in the hope that I have stirred your mind and your awareness to the importance of upholding and preserving ALL of our civil rights as citizens not only of our respective communities but as a nation.
Thank you all for taking the time to read this.
Sincerely,
Timothy L Havener
Borough Ordinances and Essential Liberty
All of us like our communities to be safe places for we and our families to live and enjoy. We all want order and peace and expect our neighbors to abide by the law and not commit crimes which inflict harm upon us. Sometimes in the effort to preserve their safety good people go too far and infringe upon the rights of others to ensure their safety as they see fit. This is why we have a Bill of Rights in our U.S. Constitution; because the framers of this country knew the nature of goverment to overstep its bounds even with the best of intentions. Unfortunately, several communities in the area have committed a violation against the civil rights of their citizens through several illegal borough and city ordinances. Mill Hall, Flemington, and the city of Lock Haven have provisions in their laws that limit the right of law abiding citizens to carry arms in defense of themselves and their families in parks and recreation areas. In addition, Flemington borough has an ordinance prohibiting obcense language in the park which is a direct violation of free speech. These laws and in particualar those banning the carry of firearms are in direct violation of state law which prohibits local government from regulating the carry of firearms where state law does not prohibit. Allow me to quote first the PA Uniform Firearms Act(§6120.):
"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."
Now allow me to quote our state constitution:
""The right of the citizens to bear arms in defense of themselves and the State shall not be questioned."
So if the law is clear why is there a problem? Why do I have to bother fighting for a right that is established so clearly by state law and our U.S. Constitution? It is the same reason most civil liberties and freedoms fall by the wayside and its one word: safety. In the name of feeling safe people will hand over right after right. They will even give up the rights of others to make themselves feel safer, but what they fail to understand is the principle of essential liberty. The idea that there a concrete set of freedoms which are needed for the continued success of a free society. Laying any one of these down in the name of any pragmatic ideal is foolhardy if you want to preserve individual liberty. I will use one my most favorite quotes from the man who helped father not just this state's government but that of our nation:
"They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. - Benjamin Franklin "
I am submitting letters to each of these local governments and requested they change their law to reflect state law. I am writing this as a service to those who agree and disagree with me alike in the hope that I have stirred your mind and your awareness to the importance of upholding and preserving ALL of our civil rights as citizens not only of our respective communities but as a nation.
Thank you all for taking the time to read this.
Sincerely,
Timothy L Havener