State Parks.

[Siobhra]

I just got this message from the Second Amendment Sisters. Anyone know anything about it?

Great news! At approximately 6:45 PM HB 2563 passed the PA Senate by
a vote of 47-1. Now the Governor just has to sign it and Staback's
office told me that the Governor is good with it!! So we will see!

If this bill is signed into law then PA Sportsmen and women will be
free of one more onerous government restriction. The essence of this
bill is that Section 6109 of Title 18 is now preeminent over Title 34
when it comes to the right to carry concealed firearms anywhere in
PA.

This legislation was supported by many different groups throughout PA
and my thanks to one and all for your support and phone calls but
please remember that this legislation began as an ACSL initiative and
it continues our leadership in the field of Carrying of a Concealed
Firearm.

[billamj]

The way that I read it, it means that we no longer have to worry about the type of personal protection weapon we carry when hunting and during other viable activities under title 34. This is a good thing. Here is the actual legislation:

http://www.legis.state.pa.us/CFDOCS/...r=2563&pn=3806

PRINTER'S NO. 3806


--------------------------------------------------------------------------------

THE GENERAL ASSEMBLY OF PENNSYLVANIA

--------------------------------------------------------------------------------

HOUSE BILL
No. 2563 Session of 2006


--------------------------------------------------------------------------------


INTRODUCED BY STABACK, GOODMAN, BAKER, BELFANTI, BEYER, BOYD,
CALTAGIRONE, CAPPELLI, DeLUCA, DeWEESE, DIVEN, FABRIZIO,
FAIRCHILD, FORCIER, GEIST, GEORGE, GODSHALL, HALUSKA, HANNA,
HARHAI, HARRIS, HESS, HUTCHINSON, M. KELLER, KOTIK, McGEEHAN,
McILHINNEY, METCALFE, R. MILLER, PETRARCA, PHILLIPS, PICKETT,
PYLE, READSHAW, REICHLEY, SIPTROTH, SOLOBAY, SURRA,
TANGRETTI, TIGUE, WILT, WOJNAROSKI AND PALLONE, APRIL 3, 2006


--------------------------------------------------------------------------------

REFERRED TO COMMITTEE ON GAME AND FISHERIES, APRIL 3, 2006


--------------------------------------------------------------------------------

AN ACT

1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, providing for possession of firearm for protection
3 of self or others.

4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 34 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 Section 2525. Possession of firearm for protection of self or
9 others.
10 (a) General rule.--It is lawful for a law enforcement officer
11 or any person who possesses a valid license to carry a firearm
12 issued under 18 Pa C.S. Section 6109 (relating to licenses) to
13 be in possession of a loaded or unloaded firearm while engaged
14 in any activity regulated by this title.
15 (b) Construction.--
16 (1) This section shall supersede any prohibition on the


--------------------------------------------------------------------------------

1 possession of firearms or ammunition contained in any other
2 provision of this title.
3 (2) This subsection shall not be construed to permit
4 the hunting or harvesting of any wildlife with a firearm or
5 ammunition not otherwise permitted by this title.
6 (c) Definitions.--As used in this section, the following
7 words and phrases shall have the meanings given to them in this
8 subsection:
9 "Firearm." As defined in 18 Pa C.S. § 6102 (relating to
10 definitions).
11 "Law enforcement officer." As defined in 18 Pa C.S. § 6102
12 (relating to definitions).
13 Section 2. This act shall take effect in 60 days.



B23L34DMS/20060H2563B3806 - 2 -

[LittleRedToyota]

i don't think this affects the DCNR regulation against carrying in a state park.

all it does (which is still good) is allow you to carry a semi-auto pistol while hunting (on state game lands, state forests, national forests, private land, etc.). while hunting in a state park, you would not longer be in violation of anything for hunting while carrying a semi-auto, but you would still be in violation of the state park regulation against carrying in a state park.

the regulation against carrying in state parks is a separate issue.

i hope i'm wrong, though. not being allowed to carry in state parks is just plain stupid.

[JDshoots]

Sooooo If I read that correctly, if Rendell signs it, then if I am engaged is ANY hunting activity on SGL or in State Parks, then my CCW allows me to can carry my XD40?

Therefore if for example, I were to be out "tracking game" on a sunday, I could carry?

See I am not a hunter, but I like to hike and photograph in the woods. I got my CCW to allow me to travel protected. Later I find out that, well, there are a lot of places that carrying my XD would be frowned upon. So if I am out for what ever reason, the public reason is I am “checking the area out or scouting for future hunts”.

Thanks,
JD

[LittleRedToyota]

in State Parks, then my CCW allows me to can carry my XD40?

i don't think this will allow you to CCW in a state park.

this will only repeal ("supercede") the ban on carrying a semi-auto pistol while hunting that is found in title 34.

the regulation against CCW in state parks is not found in title 34 ("game"). it is found in title 17 ("conservation and natural resources"). this legislation does not seem to supercede title 17 (unfortunately).

carrying a semi-auto while hunting and CCWing in state parks are two different issues (though they can overlap when hunting in a state park). this legislation only addresses the first issue.

the relevant portions of title 17 is:

Section 11.215 Weapons and Hunting

Part I: Department of Conservation of Natural Resources

Subpart B: State Parks

The following activities are prohibited without written permission of the Department:

(4) Possessing an uncased device, or uncasing a device, including a firearm...except as provided in paragraph (2) or (7)...

Paragraph 7 is only about target shooting at designated shooting ranges, so that does not apply.

Paragraph 2 provides an exception for hunting, but only for devices that are "lawful for hunting under the Game and Wildlife Code".

The new legislation does not make a semi-auto pistol "lawful for hunting".

So, I think you are still breaking a state park regulation by CCWing....whether hunting or not.

Like I said above, I hope I am wrong about this, but I don't see how this legislation has any effect on your ability to CCW in a state park.

(ETA: Here is a link to the entire Chapter 17 text: http://www.dcnr.state.pa.us/statepar...wrulesregs.pdf)

[Archiver]

Is that the current Regulations? It seems that only an UNCASED device is illegal. Isn't a Holstered/concealed handgun legally "cased" then?