What is the law? Discharge Firearm or not?

[iamfranswa]

I know this is going to sound dumb, but I was driving a while ago, traffic was stopped, and when I got there, a woman had hit a large deer with her car. It was wounded enough it could not flee but was in substantial pain and suffering. As I passed there were already people stopped, and I heard several people say... "does anyone have a gun?" What flashed thru my mind was not that I had my 45, but ... hey, can I even use it without getting in trouble? Of course I surveyed the situation, I had a clear path to shoot the deer and all that... and it was on a very rural area, but I really at that moment did not know the law.

My gut wanted me to stop and assist, my instinct said not to, and to play it safe, which I did. I do have a ccw permit and I do keep it loaded in the car - but safely out of the way.

Any thoughts? I tried to figure out the law, but I am sure someone can tall me! Thanks so much...

[Big D]

I have been in this same situation (Only I was the one to hit the deer). I have been meaning to ask this same question. This should be an interesting thread.

[WMG]

I am fairly certain the law does not want you shooting the deer , I am sure the game com or leo might not have a problem with him using your gun to do it with tho.

[Rule10b5]

There are a few things to worry about.

First, you are not supposed to shoot from/across the road as a general rule. There are game regs about the specifics of when you can and can't.

Second, you are not allowed to kill deer injured by cars. Here is the relevant section from the Pa. Game Reg. book:

"Roadkilled Deer/Possessing Wildlife:
It is unlawful at any
time to possess live wildlife, except foxes for which a permit has been
issued, or animals killed on highways. Pennsylvania residents may
possess deer killed by a motor vehicle for personal consumption
only if they secure a permit number from the Game Commission
within 24 hours after taking the deer; call the appropriate region
office. It is not legal to kill “put it out of its misery” any injured
wildlife; again, call the region office. It is unlawful to give the whole
or edible part of a deer killed on a highway to another person."

Third, townships in Pa. are allowed to regulate the discharge of firearms, so you risk breaking the law in that respect, too.

All of that said, what I would do depends on context. If I'm out near where I live, and I see a deer severely injured by a car, I'd be surprised if someone didn't kill it. Yeah, you might get hassled by the PGC, but I really don't give a damn. If the deer is relatively incapacitated, I'll walk up and cut its throat -- if it's mobile enough to make that unsafe, I'll shoot it.

If an animal is in pain, and I don't do anything to stop it, simply to keep myself from getting a temporary hunting license ban, I'm not a very nice person.

In a more settled area, I wouldn't shoot it, simply because the township rules have criminal implications.

What you do is going to have to turn on how much you value the prevention of an animal's suffering.

[iamfranswa]

I should have also said, that I would not have considered it if there were safety issues - traffic, people, etc, etc. Assume I would use safe practices for handling the firearm.

[Coop650]

I have cut the throat of an injured deer and all I will say it is not an easy or pretty thing to witness. I have put vehicle hit animals (deer, groundhogs, etc) out of their miseries in the past because I cannot stand to see anything suffer.

[Brown-Bear]

The handbook they give out with hunting liscences states it is un lawful to "put an animal out its misery". Sucks huh. I've done it a time ot 2 when I huit the animal but never as a bystander, mainly cuz I don't want the people standing around thinking that I'm now gonna do something else with a mutilated deer carcas.

[larrymeyer]

Originally Posted by Rule10b5

Third, townships in Pa. are allowed to regulate the discharge of firearms, so you risk breaking the law in that respect, too.

A question isn't this what HB 18 was against the each township in the state can't regulate gun etc. as that was reserved for the state. Or Phila waould have some of the ordinances they want?

I'll admit it I'm confused and stupid when it comes to some laws

[markheck1]

They cannot pass laws regulating possession or transportation of firearms, but they can , will, and do pass them regulating the Discharge of a Firearm....

[Rule10b5]

Originally Posted by larrymeyer

A question isn't this what HB 18 was against the each township in the state can't regulate gun etc. as that was reserved for the state. Or Phila waould have some of the ordinances they want?

I'll admit it I'm confused and stupid when it comes to some laws

Townships can't regulate possession, sales, carry, etc., but they can regulate discharge, provided that in so doing that they don't conflict with state regulations. So if they state says you can discharge a firearm to hunt or for target practice, the township can't really do anything about it. But if you just want to pop off rounds for the hell of it, the township can stop that.

So, here, the issue is that the state has expressly said that you are not allowed to shoot deer to put them out of their misery. That means that if you discharge a firearm to put a deer out of its misery, you are not engaging in conduct that the state has said is lawful. Thus, if there is a township rule that says you can't discharge a firearm except for some lawful purpose, you've broken at least two rules -- a township law, and a game regulation.

But, for example, if the state did say you could put deer out of their misery, and there was a township rule that said you couldn't, you'd be allowed to shoot the deer and wouldn't have broken the township rule.