Today, I became aware that Lower Merion Township is considering a new, unlawful firearm discharge regulation, after having their current discharge provision ruled unlawful by the Commonwealth Court and denied review by the Pennsylvania Supreme Court in Firearm Owners Against Crime, et al. v. Lower Merion Township, 151 A.3d 1172 (Pa. Cmwlth. Ct. 2016) (petition for allocatur denied July 11, 2017).
The new, unlawful proposed ordinance provides, in part:
Section 1. The Code of the Township of Lower Merion, Chapter 109 thereof, entitled Parks and Playgrounds, § 109-16, Firearms; fireworks, shall be amended to provide as follows:
§ 109-16. Discharge of a firearm or bow; dangerous athletic implements; fireworks. Township parks shall be posted to prohibit the discharge of a firearm or bow except where authorized by the Board of Commissioners. The promiscuous use in a park of javelins, discuses or similar athletic equipment dangerous in character is prohibited unless used under the direct supervision of an authorized playground supervisor. The use of firecrackers, fireworks or rockets in a park is prohibited.
The proposal is scheduled be voted on September 19, 2017. Unfortunately, it looks like the taxpayers will further be on the hook, if this ordinance is passed for substantial attorney fees and costs. Although I have not received updated amounts of fees incurred by Lower Merion Township in relation to the FOAC, et al v. Lower Merion Township litigation, as I previously wrote, the insurance company denied coverage, stating:
The POL Coverage Part of the applicable Trust Coverage Document does not provide coverage for the Township in this matter because the plaintiffs are not seeking to recover compensatory damages, but only declaratory and injunctive relief, and because the plaintiffs have alleged in their Complaint that the Township willfully violated 18 Pa. C.S. §6120 and otherwise engaged in willful misconduct in refusing to amend or repeal the allegedly illegal ordinances. The Trust therefore respectfully declines coverage and requests that the Township retain defense counsel at its own expense in this matter.
Accordingly, everyone, especially residents and taxpayers in Lower Merion Township, should make the Commissioners aware of your position. The hearing on September 19th will start at 7:30 PM at Township Administration Bldg – 2nd Floor Board Room, 75 East Lancaster Ave, 2nd Floor Board Room Ardmore, Pennsylvania 19003-2323. Their telephone number is 610-649-4000 and you can contact the individual commissioners here.
If your rights have been violated by an illegal firearm or ammunition ordinance or regulation promulgated by a state agency, county, municipality or township, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.
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