Motorcycle: Visible carry on public roads going through state parks ?

Sorry if this has been addressed before. But my searching did not find a thread specifically relating to my questions.
So mods; if this has been covered before or should be added to an existing thread. Then please do what's appropriate.

There is no open carry in PA state parks. You can only conceal carry with a LTCF.
And; per my understanding; visibly carrying on a motorcycle is not technically open carry. Because transport laws take precedence.
And in this thread: http://forum.pafoa.org/showthread.php?t=93304 -- Open Carry And Concealed Carry In State Parks & State Forests;
if I'm understanding correctly; you can carry in a vehicle in a PA state park.
Reference post #3 in that thread:

Quote:

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18 Pa CSA 6109(m.2) Inconsistent provisions.--Notwithstanding the provisions of section 7506 (relating to violation of rules regarding conduct on Commonwealth property), 75 Pa.C.S. § 7727 (relating to additional limitations on operation) or the act of June 28, 1995 (P.L. 89, No. 18), [FN3] known as the Conservation and Natural Resources Act, and regulations promulgated under that act, a firearm may be carried as provided in subsection (a) by:

(1) a law enforcement officer whose current identification as a law enforcement officer shall be construed as a valid license to carry a firearm; or

(2) any licensee.

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Quote:

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(a) Purpose of license.--A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle throughout this Commonwealth.

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So I'm curious about visibly carrying, while riding a motorcycle, along a public road, that goes through a PA state park or PA state forest.
Examples:

• rt. 233 going through Michaux State Forest, Caledonia State Park, Pine Grove Furnace State Park.
• rt. 44 going through Tiadaghton State Forest.
• rt. 534 going through Hickory Run State Park.

My understanding from the above noted thread. Is that visibly carrying on a motorcycle while riding along rt. 44 going through Tiadaghton State Forest is perfectly legal.
Is my understanding correct ?

Concerning roads going through the state parks.
Is the public road legally considered to be part of the park ?

If they are NOT considered to be part of the state park.
Then I assume it's perfectly legal to visibly carry while riding a motorcycle along those roads.
Is my assumption correct ?

If the roads ARE considered to be park of the state park.
Does 18 Pa CSA 6109(m.2), subsection (a) mean with a LTCF:
It's legal to visibly carry while riding a motorcycle along those roads ?
It would also be legal to pull off into a parking area inside the state park; as long as I stay on the motorcycle ?

Thanks;

My interpretation is that 6109(m.2) tolls the DCNR regulation regarding firearm carry when a "licensee" is carrying concealed (afoot or in a vehicle) and carrying in any manner while in a vehicle. As such, IMO, you are protected by (m.2) to carry openly provided you remain on the cycle but should you dismount then the (m.2) protection for OC would cease - simply convert to CC before alighting.

I'm not aware of any case law that has determined whether the DCNR's ban on OC is enforceable based on (m.3)(2) or whether "in" a vehicle vs. "on" a vehicle is differentiating but it would take a twisted and tortured court logic to rule that "in" and "on" was not the same in the instant case.

Quote:

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(m.3) Construction.--Nothing in this section shall be construed to:

(1) Permit the hunting or harvesting of any wildlife with a firearm or ammunition not otherwise permitted by 34 Pa.C.S. (relating to game).


(2) Authorize any Commonwealth agency to regulate the possession of firearms in any manner inconsistent with the provisions of this title.

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Quote:

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Originally Posted by tl_3237

My interpretation is that 6109(m.2) tolls the DCNR regulation regarding firearm carry when a "licensee" is carrying concealed (afoot or in a vehicle) and carrying in any manner while in a vehicle. As such, IMO, you are protected by (m.2) but it would take a twisted and tortured court logic to rule that "in" and "on" was not the same in the instant case.

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Like the Centre County ruling that decided McKown isn't "any person"?

Quote:

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Originally Posted by IV_Warrior

Like the Centre County ruling that decided McKown isn't "any person"?

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In their defense, they may have considered him a third person. :rolleyes:

Quote:

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Originally Posted by tl_3237

My interpretation is that 6109(m.2) tolls the DCNR regulation regarding firearm carry when a "licensee" is carrying concealed (afoot or in a vehicle) and carrying in any manner while in a vehicle. As such, IMO, you are protected by (m.2) to carry openly provided you remain on the cycle but should you dismount then the (m.2) protection for OC would cease - simply convert to CC before alighting.

I'm not aware of any case law that has determined whether the DCNR's ban on OC is enforceable based on (m.3)(2) or whether "in" a vehicle vs. "on" a vehicle is differentiating but it would take a twisted and tortured court logic to rule that "in" and "on" was not the same in the instant case.

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From what I remember reading the DCNR hasn't let anyone gain "standing" to challenge the no OC in court. Probably because they know it's a preemption issue. I've oced in two different parks and have never been confronted, but I know and accept the risk that I may have to defend against it in court.

Quote:

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Originally Posted by RockIsland

In their defense, they may have considered him a third person. :rolleyes:

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