Kennett firearm ordinance shot down by courts, can it be fixed?

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Drivers may think twice about aggressive driving in Kennett Twp.

By Rick Marts, Staff Writer, The Times

McCarthy

Kennett Township Police Chief McCarthy discussing his soon-to-be greater focus on aggressive driving in Kennett Township. Sara Meadows, Kennett Township Clerk, is shown filling in for Township Manager Lisa Moore at the meeting.

The public comment period at the end of an otherwise docile meeting of Kennett Township’s Board of Supervisors on Wednesday evening brought the township’s new firearm ordinance back into the spotlight and raised a question about its viability.

Bill McLachlan, chairman of the township’s Communication Committee, asked the Board of Supervisors about the implications of a dismissed criminal case brought to court under the new gun ordinance. This dismissal was ordered by Magisterial District Judge Daniel J. Maisano on March 10, 2014. As the The Times reported on that date, the lawyer for one of the alleged offenders argued that the new law is unconstitutional because state law preempts the township from establishing contrary legislation.

Answering McLachlan, Supervisor Stevens said, “Judge Maisano dismissed the case, possibly meaning that the ordinance is unconstitutional.”

However, Stevens does not believe that the issue is fully resolved. He said, “We have already started reviewing the new law and proposing changes to the ordinance for the purpose of satisfying Judge Maisano’s concerns, which seem to be legal in nature.”

In other business Wednesday night, Police Chief Albert McCarthy presented his summary of Police Department activity during February. He noted that the Chester County Communications System recorded 234 incidents in Kennett Township during the month, with 147 handled by Chief McCarthy and Patrol Officer Nolt and 87 by State Police.

Although the 234 incidents are recorded under 44 categories, 52 percent of them fall in only five categories:

• Accident with property damage (14)

• Alarms of all types (40)

• Traffic hazards (31)

• Phone assignments (19)

• Emergency medical services involving a sick person (17)

McCarthy also issued a warning to drivers in the township. In relation to his department’s announcement a few days ago that it will be participating in a state-wide aggressive diving enforcement program, he added that “Chester County recently approved new funds for the Police Department’s use to set up DUI check points.” He also said that with these efforts perhaps Kennett Township will become a place that drivers think twice about before driving carelessly.

The meeting also featured a demonstration by Bill McLachlan of the township’s new website (www.kennett.pa.us). McLachlan said, “The website is a work-in-progress but that residents should still visit the site to become familiar with it.” The demo showed that not all of the site’s pages and features are available yet because the developer is still installing them.

Supervisor Stevens asked when most of the website would be intact and available. McLachlan said the developer was expecting to be finished by Monday of next week.

Supervisor Stevens announced two special public meetings: one on April 7 at 7:00 p.m. to discuss discharge of firearms and one on April 16 at 5:30 p.m. to discuss Ways Lane. Both meetings will be held in the township building at 801 Burrows Run Road.

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