York, PA - York City Councilwoman Toni Smith knew the city would likely face a legal battle if guns were banned from council meetings. That's why she brought it up.Earlier this month, Smith began asking questions about the city council's right to ban guns from its twice-monthly public meetings. York resident and frequent council critic Steven Young regularly attends council sessions with a holstered gun on his hip. Smith said it keeps people from attending.
Smith argued that the county has banned guns from its buildings. Why can't the city?, she asked.
According to York City Solicitor Don Hoyt, the county's buildings have something the city's do not: courtrooms.
A state law allows an exception to gun carrying rights in court facilities across the state. Gun holders are instead required to check their guns at the door and stow them in a locker until they leave.
The law's definition of a court facility is broad and includes any building with a courtroom, judge's chambers, attorney conference rooms or offices for the district attorney, sheriff or probation or parole officers. Although the York County Administration Building offers almost no court functions, there is a courtroom inside that is used from time to time, said Mike Flannelly, county solicitor.
That justifies the additional security, he said.
But gun laws don't specifically address other municipal buildings.
A section of the state's Uniform Firearms Act, which stops local governments from regulating the lawful ownership of a gun when carried for purposes that doesn't violated any state laws, has been used to strike down attempts to ban guns on municipal property across the commonwealth.
Officials in Ellwood City, Pa. rescinded an ordinance proposing a ban on guns in its chambers after the National Rifle Association threatened to file a lawsuit. Most recently, officials in Albion, Pennsylvania, near Erie, rescinded a ban on guns on borough property after protests from gun rights advocates.
But that hasn't stopped some municipalities from challenging the state's firearm law, said State Rep. Eugene DePasquale, R-West Manchester Township. Both Philadelphia and Pittsburgh use metal detectors at their municipal buildings and require guns to be checked, he said.
Some argue that a gun ban in a municipal building isn't regulating one's right to possess a gun, just limiting a building where it can be carried, DePasquale said.
Advocates for gun rights have challenged that stance including Springettsbury Township resident Darwin Doll, a lifelong NRA member.
"They come up with anything possible to try to deter someone who has qualified to have a right to carry that firearm," he said. "There's consequences if you misuse them. I think anyone that has any smarts would certainly not take a gun into a council meeting with the intention of bringing harm to anyone."
DePasquale said the decision of whether to challenge the NRA or other advocates often depends on the financial resources of the municipality.
In York, it's not necessarily about the money, despite the city's tight budget, Smith said. The council has challenged state law before with a cell phone ban championed by Smith that was passed in 2001. It was later repealed.
Unlike the cell phone bill, a gun ban wouldn't have the support of council, Smith said. So this time she's taking her fight to the state. Smith has been in touch with DePasquale and state Sen. Mike Waugh, R-Shrewsbury Township, as well as other lawmakers to argue for stricter legislation.
It's not fair that federal and state lawmakers are protected, but others are left to fend for themselves, Smith said.
"If you're an elected official, you must do things like pass a resolution and send a message to the state," she said. "If a lot of third class cities do this and townships, eventually they'll do something about it."
