Concealed/Open Carry in PA State Parks in Vehicle or Campsite

[ScottPA]

Originally Posted by tourrider

I take my four little girls shore fishing in PA state parks. Often, we will hoof it into the brush to get away from the crowded areas. I hate not being able to provide protection, legally.

I was under the impression that you could carry while fishing in a State Park if ...

"Listed below are exceptions as outlined in 18 Pa.C.S. § 6106. (2) (b) Exceptions:

9) Persons licensed to hunt, take furbearers or fish in this Commonwealth, if such persons are actually hunting, taking furbearers or fishing or are going to the places where they desire to hunt, take furbearers or fish or returning from such places. "

Who can apply for a Sportsman’s Firearm Permit?

An individual who is age 18 or older and is licensed to hunt, trap or fish, or who has been issued a permit relating to hunting dogs, may apply for a Sportsman's Firearm Permit by submitting a completed application along with the required fee to the county treasurer's office. The permit shall be issued immediately and be valid throughout this Commonwealth for a period of five years from the date of issue for any "legal firearm", when carried in conjunction with a valid hunting, furtaking or fishing license, or permit relating to hunting dogs. The issuances of a Sportsman’s Firearm Permit allows the individual to carry a firearm if such persons are actually hunting, taking furbearers, fishing or training dogs, or are going to the places where they desire to hunt, take furbearers, fish, or train dogs during the regular training season, or returning from such places. A Sportsman's Firearm Permit is NOT a License to Carry a firearm concealed."

Original and complete text found here : http://www.psp.state.pa.us/psp/cwp/b...BCOB=0&C=70426

Is this correct?

So, if it's fishing season and someone has a fishing/hunting license and a sportsman's firearm permit couldn't someone carry a fishing rod or some tackle just as an excuse to carry during the seasons while hiking? Not that I'm advocating being dishonest if you're not fishing or hunting I'm just curious as to how they would enforce this.

scott

[Skuggi]

hold on, this makes me a little confused here, so according to what was just posted, I cant pack while i'm fishing at the creek or the river even? without a sportsmans license?

[LittleRedToyota]

Originally Posted by ScottPA

I was under the impression that you could carry while fishing in a State Park if ...

"Listed below are exceptions as outlined in 18 Pa.C.S. § 6106. (2) (b) Exceptions:

9) Persons licensed to hunt, take furbearers or fish in this Commonwealth, if such persons are actually hunting, taking furbearers or fishing or are going to the places where they desire to hunt, take furbearers or fish or returning from such places. "

that text is found in the PA UFA and provides exceptions solely to section 6106.a (Firearms not to be carried without a license) of the PA UFA.

that exception is not applicable to the DCNR regulation against carrying in a state park.

the DCNR regulations can be found here:

http://www.dcnr.state.pa.us/statepar...wrulesregs.pdf

the relevant sections are:

11.215 (4) which is the regulation against carrying in a state park

and

11.223 which defines violating DCNR regulations regarding state parks as a summary offense under section 7506 of the PA Crimes Code.

so, if you carry in a state park, you are guilty of the summary offense of breaking a DCNR regulation (just as you would be if you littered in a state park).

[Emptymag]

Originally Posted by Skuggi

hold on, this makes me a little confused here, so according to what was just posted, I cant pack while i'm fishing at the creek or the river even? without a sportsmans license?

Welcome to the wonderful world of "If we can keep 'em in the dark, they'll leave their evil guns at home because they don't want to risk breaking the law!"

[LittleRedToyota]

Originally Posted by Skuggi

hold on, this makes me a little confused here, so according to what was just posted, I cant pack while i'm fishing at the creek or the river even? without a sportsmans license?

if it is not in a state park, you can.

if you have an LTCF, you can carry concealed while fishing (if not in a state park).

further, you can open carry while fishing (if not in a state park) with or without an LTCF.

(you have to read the entire law, not just bits and pieces of it, or you can easily misinterpret what is says).

the entire PA UFA is available here:

http://www.acslpa.org/pa_uniform_firearms_act.htm

(ETA: just a hint...

the exception noted by the previous poster is an exception to this:

(1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.

so, the entire thing is only applicable to concealed carry...not open carry.

and, further, if you have an LTCF, it doesn't apply to you at all.)

[ScottPA]

Originally Posted by LittleRedToyota

that exception is not applicable to the DCNR regulation against carrying in a state park.

Ah, thanks for clearing that up. I should have noticed that carrying while fishing didn't fall under the DCNR regulations.

11.223 which defines violating DCNR regulations regarding state parks as a summary offense under section 7506 of the PA Crimes Code.

so, if you carry in a state park, you are guilty of the summary offense of breaking a DCNR regulation (just as you would be if you littered in a state park).

Has anyone here ever been charged with this summary offence and if so, what was the encounter like? I'm just curious how the rangers deal with this. Do they take just write you a ticket and ask you to take it to your car? I wonder how aggressive they are about it. I guess it might depend on what park you are in.

scott

[LittleRedToyota]

i'm not aware of any instances of people encountering rangers while carrying in a state park (other than carrying for hunting in compliance with DCNR regs), so i'm not sure how it would be handled. (or, at least not that the ranger knew about...concealed is concealed.)

like you, i think it would depend to a great extent on the park and/or officer involved.