PA Bill Number: HB335
Title: In inchoate crimes, further providing for prohibited offensive weapons.
Description: In inchoate crimes, further providing for prohibited offensive weapons. ...
Last Action: Removed from table
Last Action Date: May 1, 2024
Group demonstrates right to carry firearms at Bala Cynwyd Park :: 03/18/2015
Members of two groups supporting the right to carry firearms in parks said Sunday they intend to file a lawsuit against Lower Merion Township and an attorney is demanding criminal charges be brought against township officials, for what they say is a clear violation of state law.
The comments came Sunday afternoon as gun owners from around the Philadelphia region gathered at Bala Cynwyd Park, primarily at a small parking lot near the Cynwyd Heritage Trail, to protest what they call an illegal law in Lower Merion that prevents, or at least gives the impression that, it is illegal to openly carry guns in township parks.
Under Lower Merion’s code, a provision states, “No person, except authorized members of the Police Department, shall carry or discharge firearms of any kind in a park without a special permit, unless exempted.” The groups sponsoring Sunday’s rally say the township ordinance violates state law that prohibits local governments from enacting stricter gun laws than the state has on its books. The groups go further and say Lower Merion’s ordinance is ambiguous and it at least gives the impression that open carrying of guns in parks is illegal.
According to Joshua Prince, an attorney with the Firearms Industry Consulting Group, Lower Merion’s current ordinance violates the state crimes code.
“We are telling Lower Merion, we will not allow them to violate the crimes code,” Prince said Sunday as he addressed a crowd of about 75 people. “Since 1974 it has been a crime in the commonwealth to enact any regulation regarding firearms or ammunition. It is a misdemeanor of the first degree.”
Prince went on to apologize to the taxpayers of Lower Merion saying their taxes will go up “because Lower Merion is going to be sued because of this illegal ordinance.”
But beyond the threat of a lawsuit, Prince also called on Montgomery County officials to criminally charge members of the township’s Board of Commissioners for violating state law.
“The ordinance here in Lower Merion is unlawful and illegal and therefore we are calling on District Attorney Ferman to bring charges against all those individuals involved in enacting the ordinance, promulgate the ordinance and enforcing the illegal ordinance,” Prince said.
The controversy settles around an ordinance in Lower Merion that the gun rights groups say violates state law. The board of commissioners considered a proposal by staff to repeal the ordinance in January but then decided against making any changes. Instead, the majority of the board decided the township’s ordinance was within the state law. What further complicated the issue was when late last year, Act 192 was signed into law that strengthened state laws prohibiting local municipalities from enacting local ordinances that exceed state law on the transportation and carrying of firearms. The act also allows for pro-gun rights groups from outside of a township or municipality to bring suit against a municipality.
Lower Merion Commissioner Dan Bernheim, who was at Sunday’s rally, said the majority of the board believes the ordinance is legal and that is why they decided not to repeal it in January.
Since many of the people attending the rally were armed, a reporter then asked Bernheim whether they were violating the law.
“That is permitted by state law and our ordinance is not inconsistent with state law so they are permitted to do that,” Bernheim said.
Township officials say the code meets state law thanks to the last portion of the ordinance that reads, “Unless exempted,” to mean that anyone who can legally carry a gun can do so.
However, Prince says courts have already addressed the township’s argument and ruled that municipalities cannot regulate, even consistently, with the uniform firearms act. That, he says, makes the Lower Merion ordinance “unlawful and illegal.”
Township officials say Lower Merion will defend itself if a suit is filed and that a concurrent challenge on the legality of Act 192 could render the issue moot.
“We don’t believe that [Act 192] will stand. The current litigation that is ongoing [is] challenging that. Once it is stricken down, as I submit it will be, then at that point in time there will hopefully be time to revisit – one if that is appropriate to begin with and secondly the ability for people to bring guns in our parks,” Bernheim said.
Still, organizers of Sunday’s rally say the reason for the event is that they still believe Lower Merion and many other municipalities throughout the state are in violation of the law.
“We are gathered here today to exercise our first and second amendment rights as we boldly express our dissatisfaction with Lower Merion Township refusing to obey state law,” said Steve Piotrowski, president of Citizens for Liberty. “No county, no municipality or township may regulate the unlawful ownership of firearms and Lower Merion is clearly breaking the law.” For Piotrowski, the ability of a law abiding citizen to protect oneself or those around him is neither a liberal or conservative viewpoint.
“We’re all here because we believe that real patriotism is a willingness to challenge the government when it is wrong and that is what we are doing here in Bala Cynwyd Park,” Piotrowski said. “Now I believe that red America and blue America must finally come together and try and solve a very serious problem because protecting our children from predators isn’t a conservative position or a liberal position it’s a common sense American position.”
On the other hand Commissioner Bernheim said he believes there is an inherent danger in allowing guns in the park.
“… [We] disagree with the people who are out here who think that this is going to add to safety,” Bernheim said. “Most of us think it only has the propensity to inadvertently or negligently … harm our children.”
Among those who came to the rally are Jan Taylor Toal of Norristown and Janet Warnsdorfer of Chester County.
“I’m here to support my friends from Montgomery County,” said Warnsdorfer. “I feel it’s right for us to bear arms. It’s in our constitution. We should follow our constitution. They are going after the wrong people; they’re going after the good guys instead of the bad guys. The laws are out there to protect us and the bad guys don’t bother following them so why should they make laws that go against the God-fearing people that are doing the right thing by following our Constitution.”
Finally, when Bernheim was asked whether there was any concern from board members that they could be facing any criminal charges he didn’t seem too concerned.
“In my 9 to 5 job, I’m an attorney,” Bernheim said. “Take your best shot.”
