Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
by: James Stoker
More and more small fiefdoms are violating the state preemption law, but it’s not always out of malice. Sometimes it’s done out of a simple lack of knowledge.
Recently, I was contacted via Facebook messenger by several Pennsylvania residents about a small municipality in Beaver County proposing a zoning ordinance that was in clear violation of the state’s preemption law. Multiple residents of South Beaver Township reached out asking for assistance with a newly proposed ordinance that had been recently posted on their website. And so, my journey began…
Reading the proposed zoning ordinance, it is quite clear the planning commission writing the ordinance had the intention of regulating shooting ranges. After discussion with several folks in the community, I think the Township is trying to put language in that controls the location of commercial shooting ranges, more than private, but it remains a violation and untenable. Perhaps a complaint about a private range being used to host some events, or as we see in some towns, one person complaining about another and that opens a whole new can of worms.
After notifying Representative Josh Kail and Senator Elder Vogel I would be on their turf and why, I attended the South Beaver Township special board of supervisors meeting two weeks ago. I went in an effort to share our knowledge on these matters, and make sure this proposed violation is curbed. The residents packed the room as much to fight the proposed chicken ordinance as the firearms issues, but a packed house is an engaged community, and I applauded it. I stood to the side of the room making way for residents to sit and then voice their comments first, and then gave a brief comment about first our willingness to help correct things, and second our willingness to correct through litigation if necessary.
It was evident to me, with all of the comments made by Township officials at the start of the meeting, this ordinance is a work in progress. The planning commission, apparently full of 2A supporters including NRA members and a FOAC member, simply were unaware of the laws on the matter. I think these are good people trying to address a concern in their community that didn’t realize the impact of their proposal or the illegal nature of it. They have asked me to attend their planning commission meetings and assist with the concerns, so I will do exactly that.
As I write this article about the simple lack of knowledge on the subject, it strikes me once again that this is not uncommon. We see this a lot from councils, commissions, and even solicitors. I won’t attack the solicitor in this case as he was plenty receptive and brand new to the Township. In fact, I’d assume my letter to the Board protesting the proposed ordinance was his first letter received as solicitor, and he’d barely had time to read it before the meeting started. No, this wasn’t the case of willful disregard of the statute (see Pen Argyl, Coplay Borough, Lower Merion Township, Harrisburg, PA State Museum, etc. etc.…), this was simply not knowing.
So, as I write this, I am forwarding results of right to know requests made to our attorneys and pushing forward with lawsuits in other areas trying to correct these infringements where the little feudal lords think their powers supersede the law of the land. We have to think of a way to get the word out to ALL of the little powers that be and ensure they know the rules apply to them without filing a lawsuit on each of the hundreds of violators out there.
To this end, I am hoping to meet with Attorney General Dave Sunday soon. I’m hoping we can get the AG’s office to issue a bulletin to all municipalities that regulating firearms in ANY manner is a violation, and encourage them all to repeal their ordinances without the need for litigation. After all, winning the Office of the Attorney General on a conservative pro-gun platform has to mean something, right??
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