GUN PROHIBITION: OVERTHROWN!

March 28, 2010
Boro’s gun ban shot down
Susan Evans The Tribune-Democrat
EBENSBURG " An Ebensburg man challenged the borough’s ban
on carrying guns in town parks " and won.

On the advice of the borough solicitor, who reviewed Timothy L. Havener’s complaint
and agreed with it, Borough Council members on March 22 deleted the language
prohibiting firearms in parks.

That means gun-toters, if permitted for other locations, also will
be allowed at locations such as Ebensburg’s tennis courts,
swimming pool, Lake Rowena and the town’s small parks.

“We didn’t know,” said borough Manager Dan Penatzer.
“We thought the borough had the right to regulate firearms in a
government building or facility, but it’s only in a building with
some kind of court facility, like even a holding cell.

“Apparently that means someone could show up at a council
meeting carrying a gun, and there’s nothing we could do about it
if it’s otherwise legal.”

Havener has an unlisted telephone number and could not be reached
for comment, but he explained his challenge in a Feb. 17 letter to borough officials.

“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,”
he quoted the Pennsylvania Uniform Firearms Act as saying.

Havener argued that the borough’s laws were in violation because
they prohibited carrying firearms in parks or recreation areas.

“I feel obligated to disclose this information to my local government officials
and ask that they rewrite the ordinance in question so that they comply
with the state mandate concerning the right of citizens to carry firearms,”
he said in his letter to the borough.

Specifically on March 22 council members deleted the language
prohibiting firearms and agreed to advertise the changed ordinance
for public inspection.

Ebensburg is not the only local government facing challenges
to bans on guns in parks.

Last month a Seattle rule banning firearms from city parks was
struck down in a King County Court action applauded by the
National Rifle Association, which was a party to the lawsuit.

An ordinance in Elwood City banning guns in government buildings
was struck down last year after a challenge by the National Rifle Association.