First a little background. I sent a letter to all solicitors in Centre County notifying them of preemption and also put 5 communities in violation on notice. I went before the County Commissioners to address the issue and bring it to the attention of the public. Tonight I attended a meeting in College Township where I followed up on my initial correspondence during public comment. The borough manager informed me that someone had previously raised this issue and the solicitor had found their ordinance to be in compliance...
Here are some links to stories that reiterate my efforts in Centre County that will bring you up to speed:
Now let's go over the details...
First lets review the state law...
Now let's review the borough's violation:18 Pa.C.S. § 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.
Now let's see the solicitor's opinion in regard to a previous challenge:F. Firearms, weapons, etc. No person shall have in his possession, bring into or use in any park, whether carried
concealed or carried open, any firearms, slingshots, firecrackers, fireworks or other missile-propelling devices or
explosives or arrows (except as allowed in a designated archery area) or other dangerous weapons which have such
properties as to cause annoyance or injury to any person or property, except for hunting in those areas and with the
provisions specifically designated and approved by resolution of the College Township Council.
Uploaded with ImageShack.us
What law school did this guy go to? People are permitted by state law to carry openly on foot without a permit. So someone could be arrested even under this exemption while being in complete compliance with state law.
Regardless of whether an exemption is provided, what part of "No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms" does this genius not understand?