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More Preemption Issues in Pennsylvania

I don’t when local officials are going to get it through their thick skulls, but they cannot regulate guns. That’s clearly establish law at this point. But it’s not stopping Lackawanna County:

Commissioners approved rules and regulations prohibiting smoking, skateboarding and other activities in county parks, including new restrictions on guns. The rule says, “No unlicensed firearms or weapons are allowed in a park.” Discharging a firearm is also prohibited.

Discharge is probably something they can regulate under the UFA, but this essentially prohibits open carry, which is legal in PA without a license.

Meanwhile, Sheriff John Szymanski said he also plans to challenge the new rule – arguing the county should make it more strict.

“We don’t allow firearms in the park,” said Mr. Szymanski, whose department oversees law enforcement of county parks. “It’s a public facility, and if you walk around with a gun, you’re going to intimidate a lot of people. Our position is we’re not allowing it and we’re going to ask for clarification on that point.”

The wording of park rules, unchanged or made more strict, could set off a constitutional debate on gun rights in Lackawanna County, experts say. County solicitor John O’Brien said they are reviewing the language and looking to see how it can be updated.

What bothers me is this isn’t a debate. You can’t do it. Period. We had this debate a decade ago, it went to the Supreme Court, and we won. Either they are electing incompetent solicitors in all these towns, or they just don’t give a crap what the law is.

3 Responses to “More Preemption Issues in Pennsylvania”

  1. My belief is that they don’t care about the law or court decisions. As for their attorneys the government in question wants to do something and it is hardly in an attorney’s interest to defend government limitations when his employer feels no compunction about subverting the limits placed on it.

  2. Laws….they’re only there for those who can wield them.

    Pre-emption will continue to be hassled until it has some teeth.

    This makes me want to have a big Open Carry Picnic….

  3. Phssthpok says:

    ‘” I don’t when local officials are going to get it through their thick skulls, but they cannot regulate guns. That’s clearly establish law at this point. ”

    Perhaps someone should point out the following from the Pennsylvania consolidated statutes to the state AG (or whomever would be responsible for prosecuting):

    Title 18 sections 903, 2903, 2906, 3921, 5301.

    Civil suits, even when successful seem to be having little effect. Let them face criminal charges for their actions as we mere plebes would in their shoes.

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