York County Libertarian Party

Stewartstown Borough Council Firearm Ban Violates State Law


UPDATE: The York Daily Record/Sunday News editorial board has taken up the Stewartstown Borough council UFA preemption issue. Click here to read our response.

Rule Against Guns in Borough Building Contravenes Pa UFA Preemption Clause

Members of the York LP (York County Libertarian Party) were on hand Monday evening to notify the Stewartstown Borough council that its current meeting rules and procedures are in violation of state law.

Under 18 Pa. C.S. ยง 6120, the Pennsylvania Uniform Firearms Act states:

(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.

The Stewartstown Borough Council has agreed to refer the matter to the borough solicitor for review.

Council President Says Council Was Blindsided By Notification of State Law

Perhaps the oddest statement of the night came from council president Gordon Wisnom Sr., who said York LP members ‘blindsided’ council by informing them of their violation with a reading of the Pa UFA provisions. I’m not a lawyer, but if you ever find yourself on the wrong side of state law, I wouldn’t recommend employing Mr. Wisnom’s defense strategy.

The solicitor’s office is scheduled to issue a report on the matter at the borough’s Feb. 4th meeting. I fully expect council will recognize the validity of the UFA preemption clause and update its meeting rules and procedures to coincide with state law.

Members of the York LP will be in attendance to hear the solicitor’s recommendations. If you’re in the area and available, you should consider being present. We’ll provide more updates as they become available.


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