Question about carrying in New Freedom Borough Parks

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  • I noticed a sign at a New Freedom Borough Park today that said "No weapons allowed". Does this violate state preemtion? Is it illegal for someone with a LTC to carry in a New Freedom park? I would greatly appreciate anyone who could point out statutes relevant to this.
     

    Threeband

    The M1 Does My Talking
    MDS Supporter
    Dec 30, 2006
    25,304
    Carroll County
    That should have no force of law due to State preemption. If you read the PAFOA forum, you'll see these things mentioned from time to time. The local authorities typically don't even realize the ordnance is illegal.

    PAFOA members seem to be pretty active in contacting local officials in such cases, and working in a constructive, responsible way to get such signs taken down.

    http://forum.pafoa.org/

    http://forum.pafoa.org/concealed-open-carry-121/




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    Curmudgeon

    I H8 stinkbugz
    Sep 6, 2010
    333
    York, Pennsylvania
    ^Threeband is correct. Additionally, here is the statute you were looking for earlier...


    § 6120. Limitation on the regulation of firearms and ammunition.
    1. 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. a.1 No right of action. --
      1. No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.
      2. Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.
    2. Definitions. -- As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Dealer." The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition.
      "Firearms." This term shall have the meaning given to it in section 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 6304 (relating to sale and use of air rifles).
      "Political subdivision." The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.

    From here... http://paopencarry.org/uniform-firearms-act#6120
    And here... http://reference.pafoa.org/statutes...on-the-regulation-of-firearms-and-ammunition/


    Here is the link to the 8 parks within the New Freedom Borough, to which are you referring?

    http://www.newfreedomboro.org/recreation/parks/


    We often find that the local ordinance has been corrected "on the books" but the correction hasn't made it's way to the sign. Books and web sites are often more cheaply, easily, and expeditiously corrected than signs. Perhaps you could contact the Borough to determine the status of the ordinance...

    New Freedom Borough
    Monday - Friday, 7:30am to 4:00pm
    49 East High Street, New Freedom, PA
    717-235-2337, Fax: 235-0281


    Last year a group of about 20 of us (including FoxTrapper, a member of MarylandShooters) met for a BBQ at a borough park in Glen Rock, just north of New Freedom. The York Daily Record also sent a reporter and a photographer for the event. It was quite successful!
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    Curmudgeon

    I H8 stinkbugz
    Sep 6, 2010
    333
    York, Pennsylvania
    OK,I just found it...

    http://www.ecode360.com/14029953

    § 149-3. Prohibited conduct.

    [Amended 4-8-1996 by Ord. No. 1996-4]
    It shall be unlawful for any person to do or assist in the doing of any of the following enumerated acts in any of the playgrounds or public parks of the Borough:
    ...

    149(3)(J): Carry or discharge any firearms, slingshots, firecrackers, fireworks or other missile propelling instruments or explosives or arrows, or other dangerous weapons which have such properties as to cause annoyance or injury to any person or property, unless permission has been granted by the Recreation Council in designated areas; police officers in the performance of their duties will be exempt from these provisions.

    Obviously this ordinance is still out of compliance with PA 6120. :sad20:
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    Thanks for the responses. I already checked the state law against the local ordinance, I just wanted to make sure I was correct. The park is Marge Goodfellow Park. I'm planning to go watch the fireworks there tonight and wanted to make sure I would be covered if I ventured into the park.
     

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