Re: When is it not CC?
Quote:
Originally Posted by CommonHighrise
Ah, so that's where the stipulation of concealment comes from. I was unsure.
Well, since the letter of the law dictates 'uncased' rather than 'unconcealed', maybe it can be approached from the direction of still being cased, yet not necessarily concealed. That would let me use my previously mentioned nylon 'dust cover', as it would be technically cased.
"See ranger, it's still in it's protective carry bag!"
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Here's the full active DCNR regulation:
Quote:
§ 11.215. Weapons and hunting.
The following activities are prohibited without written permission of the
Department:
(1) Hunting, pursuing or intentionally disturbing woodchucks, also known as
groundhogs. Paragraph (2) does not apply to this activity.
(2) Hunting, pursuing or intentionally disturbing wildlife unless:
(i) The person engaging in the activity is licensed by the Game Commission to
hunt and is engaged in hunting in accordance with the Game and Wildlife Code.
(ii) The activity takes place in an area designated by the Department for
hunting. At Presque Isle State Park, waterfowl hunting may take place only from
a facility designated by the Department as a waterfowl blind, and shooting shall
be directed away from State park land and over the adjacent waters.
(iii) The activity takes place during hunting season as established by the Game
Commission.
(iv) The firearm, archery equipment or other device used for this activity is
lawful for hunting under the Game and Wildlife Code. A device operated by air,
chemical or gas cylinder by which a projectile can be discharged or propelled is
not lawful for hunting under the Game and Wildlife Code.
(3) Using a device, including a firearm, archery equipment or slingshot, that is
capable of discharging or propelling a projectile, except as provided in paragraph
(2) or (7).
(4) Possessing an uncased device, or uncasing a device, including a firearm,
archery equipment or slingshot, that is capable of discharging or propelling a
projectile, except as provided in paragraph (2) or (7), or except in the owner's
building on a leased campsite, in the owner's residence, or in the owner's vehicle
or trailer.
(5) Failing to keep a device, including a firearm, archery equipment or
slingshot, that is capable of discharging or propelling a projectile, in the owner's
building on a leased campsite, in the owner's residence or in the owner's vehicle
or trailer. This prohibition does not apply to either of the following:
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(i) A person licensed by the Game Commission to hunt, and in possession of a
device that is lawful for hunting under the Game and Wildlife Code, during
hunting season as established by the Game Commission, in a State park open for
hunting.
(ii) A person engaged in target-shooting under paragraph (7).
(6) The trapping of wildlife. This prohibition does not apply to a person
licensed by the Game Commission to engage in trapping, during trapping season
as established by the Game Commission, in an area designated by the Department
for hunting.
(7) Target-shooting with a device, including a firearm, archery equipment or
slingshot, capable of discharging or propelling a projectile, except in an area
designated by the Department for this purpose and in accordance with posted
requirements and restrictions.
(8) Dog training, except from the day following Labor Day through March 31,
in an area designated by the Department for hunting.
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From the recently enacted preemption:
Quote:
10 § 6109. Licenses.
11 * * *
12 (m.1) Inconsistent provisions.--Notwithstanding the
13 provisions of section 7506 (relating to violation of rules
14 regarding conduct on Commonwealth property), 75 Pa.C.S. § 7727
15 (relating to additional limitations on operation), or the act of
16 June 28, 1995 (P.L.89, No.18), known as the Conservation and
17 Natural Resources Act, and regulations promulgated under that
18 act, a firearm may be carried as provided in subsection (a) by:
19 (1) a law enforcement officer whose current
20 identification as a law enforcement officer shall be
21 construed as a valid license to carry a firearm; or
22 (2) any licensee.
23 (m.2) Construction.--Nothing in this section shall be
24 construed to:
25 (1) Permit the hunting or harvesting of any wildlife
26 with a firearm or ammunition not otherwise permitted by 34
27 Pa.C.S. (relating to game).
28 (2) Authorize any Commonwealth agency to regulate the
29 possession of firearms in any manner inconsistent with the
30 provisions of this title.
31 Section 1.1. Section 6110.2 and 6117 of Title 18 of the
32 Pennsylvania Consolidated Statutes are amended to read:
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I'm still not too sure why open carry is not legal...
I emailed DCNR a while back and my response was posted here:
http://forum.pafoa.org/570513-post-38.html
Last edited by mjf; May 11th, 2009 at 07:52 PM.
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May 11th, 2009
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