The State College borough might soon have a local ordinance preventing people from carrying guns on municipal property.
The borough used to have a similar rule on the books disallowing firearms in public parks, but that was repealed because of a state law that gave gun owners legal standing to sue municipalities if a local ordinance on gun ownership was more restrictive than state law.
However, that piece of legislation was deemed unconstitutional by the Pennsylvania Commonwealth Court in June, prompting borough council to explore possibly banning guns in parks and borough-owned buildings once again.
“Informing someone who has a legal right to own a gun that they should put it somewhere safe if they want to come into the borough building or play in our parks with children is a perfectly reasonable request,” said councilwoman Theresa Lafer. “…In public places, I find them offensive, and I’m a gun owner myself.”
Council member Peter Morris, who identified himself as a proud non-owner of a gun, said he agreed with Lafer. He encouraged council “express our feelings about this as strongly as we can” by readopting a firearms ordinance.
However, the council members were not in unanimous agreement.
“Interestingly, as I think the only pacifist on council, I am not in favor passing this ordinance,” said council president James Rosenberger. “If we pass an ordinance, then we should enforce it, and I think we have no interest in installing metal detectors or frisking everyone who walks in the municipal building.”
Council member Evan Myers said he felt that the challenges of enforcing a firearms restriction was a poor reason not to pass an ordinance. He added that he felt this restriction would be a way for borough council to attempt to address the growing issue of gun violence in America.
“I don’t think this has anything to do with second amendment rights. Businesses can chose to keep people carrying firearms from entering, and I think we can do the same thing,” Myers said. “No one is taking anyone’s gun away from them.”
But council member Catherine Dauler expressed some reservations about the proposed restriction. She pointed out that the borough’s solicitor Terry Williams has advised council that other Pennsylvanian laws might still preempt council from passing an ordinance that restricts possession or transportation of firearms.
“I think this is something we need to be very careful about,” Dauler said. “If we’re challenged with a lawsuit, it would be a lot of money. Is that what we want to do with our municipal funds?”
Noting that the majority of council seemed to support the idea, Williams said that borough staff will begin working on a draft ordinance for council to review at a future meeting.
