city soliciter goes on record with news :
Gun Advocate Planning Rally in Perry Square
my freind goes to city counsel yesterday:
Erie Man Fights to Hold Gun Rally
here is copy of second letter laywer sent to city today. (sorry i dont have photo copy but here is text)
May 16, 2013
Mr. Gregory Karle
c/o Erie City Hall,
626 State Street
Erie, PA 16501
RE: Justin D. Dillon - June 22, 2013 Pro-Gun Rally
Dear Solicitor Karle,
I am writing in relation to my May 07, 2013 letter to you regarding Mr. Justin Dillon and the
June 22, 2013 Pro-Gun Rally. I have not received any response from you or the City and I
understand that during an interview, you stated:
Those procuring a permit can certainly go and protest. They can't be armed. If one is
armed, they are subject to a summary offense. The fine is about $100 to $300 and the
police are able to enforce the ordinance. See,
Gun Advocate Planning Rally in Perry Square
As I stated in my prior letter, your Ordinance 955.06(b) is in direct violation of 18 PA.C.S.
Section 6120, which states, "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." Any violation of Section 6120 is a misdemeanor of the first degree,
pursuant to 18 PA.C.S. 6119.
Accordingly, I am again respectfully requesting that you rescind the ordinance. If I do not
receive a response from you by Monday, May 20, 2013, I will prepare and file a complaint
listing the City and those involved in the enactment and enforcement of this ordinance as
defendants. It is my hope that this can be resolved amicably without further costs and criminal
liability on behalf of the City and its employees.
Thanking you for your time and assistance in this matter, I am
Yours truly,
Prince Law Offices, P.C.,
Joshua Prince
joshua@princelaw.com
Extension: 81114
jp/web
Matter No. 30956
By fax: Mr. Gregory Karle
cc:Erie City Hall, by mail
here is link to the citys ordinances:
http://www.erie.pa.us/Portals/0/Con...0)/F-Streets Utilities and Public Service.pdf
here is 955.06(b):
955.06 RECREATIONAL ACTIVITIES.
(a) Bathing and Swimming. No person in a park shall:
(1) Designated areas. Swim, bath or wade in any waters or water-ways in or
adjacent to any park, except in such waters and at such places as are
provided therefor, and in compliance with such regulations as are herein
set forth or may be hereafter adopted. Nor shall any person frequent any
waters or places customarily designated for the purpose of swimming or
bathing, or congregate thereat when such activity is prohibited by the
Director of Parks and Public Places upon a finding that such use of the
water would be dangerous or otherwise inadvisable.
(2) Certain hours. Frequent any waters or places designated for the purpose of
swimming or bathing, or congregate thereat, except between such hours of
the day as shall be designated by the Director for such purposes for each
individual use.
(3) Structure on bathing area. Erect, maintain, use or occupy on or in any
bathing area any tent, shelter or structure of any kind.
(4) Bath houses or any bathing area. Dress or undress on any beach, in any
vehicle, toilet or other place, except in such bathing houses or structures as
may be provided for that purpose.
(b) Hunting and Firearms. No person in a park shall hunt, trap or pursue wild life at
any time. No person shall use, carry or possess firearms of any descriptions, or air-rifles, spring
puns, bow and arrows, slings, paint ball weapons or any other forms of weapons potentially
inimical to wild life and dangerous to human safety, or any instrument that can be loaded with
and fire blank cartridges, or any kind of trapping device. Shooting into park area from beyond
park boundaries is forbidden.
Chapter 61 - Title 18 - CRIMES AND OFFENSES (for those who like a legit reference)
6120:
§ 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.
(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.
(b) 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.
(Oct. 18, 1974, P.L.768, No.260, eff. imd.; Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; Oct. 4, 1994, P.L.571, No.84, eff. 60 days; Dec. 15, 1999, P.L.915, No.59, eff. imd.)
as you can clearly see...the city is oversteping their leagal ability to make law in our commonwealth.
