Open Carry In State Park

[stimrob]

Is it legal to OC in a state park?

http://forum.pafoa.org/open-carry-14...ate-parks.html

This thread seems to indicate no.

I've had a forum member here tell me that yes, OC is an unlegislated right in PA.


I searched, and all the hits were old. Like 2007 old. Can someone who knows the real deal please respond and or post a link to the relevant statute?

[ByblosHex]

Is it legal to OC in a state park?

http://forum.pafoa.org/open-carry-14...ate-parks.html

This thread seems to indicate no.

I've had a forum member here tell me that yes, OC is an unlegislated right in PA.


I searched, and all the hits were old. Like 2007 old. Can someone who knows the real deal please respond and or post a link to the relevant statute?

The discussion is old because the discussion was before HB40 passed and went into effect. As of HB40 the PADCNR has no authority to regulate the ownership or possession of firearms. You really don't need to post the same thing in 3 different topics.

HB40 passed. You're never going to see more on it until someone is arrested/charged with violating the DCNR regulation and it's superseded by the State Law. Which prob isn't going to happen since the PADCNR regulation is unenforceable. Much like any local municipality level regulation of the ownership and possession of firearms. The Pa UFA supersedes the PADCNR regulation. That's why it's called preemption.

§ 6109. Licenses.
(m.4) Inconsistent provisions.--Notwithstanding the
provisions of 75 Pa.C.S. § 7727 (relating to additional
limitations on operation), or the act of June 28, 1995 (P.L.89,
No.18), 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.
(m.5) 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.

the PADCNR is a Commonwealth agency.

[stimrob]

Thanks, I appreciate you taking the time to respond. I'd rather ask than end up on the wrong end of an overzealous ranger or some other godawful thing.

[ByblosHex]

Thanks, I appreciate you taking the time to respond. I'd rather ask than end up on the wrong end of an overzealous ranger or some other godawful thing.

When OC'ing there's always the small chance of being on the wrong end of an overzealous Ranger or Local or even State Police officer. Not all LEOs know the law, as Philadelphia demonstrates rather frequently. It wouldn't be the first time someone was arrested or harassed for doing something perfectly legal. If you have a LTCF, and you're OC'ing anywhere in Pa that does not forbid the possession of firearms in the Pa UFA or other Federal Statute you're legal.

OC'ing is something that should be done with acceptance of the risks. The risks are low, but they're real. You may not be doing anything illegal, but that doesn't guarantee you won't be accused of it. Heck, I once had a guy tell me it was illegal to open carry in Best Buy.

PAFOA has taken great strides to get the legality of Open Carry known by everyone. Large-scale and small-scale. The only way to make it better is to get involved. Open Carry. Write letters and make phone calls when you see a local law that's out of line.

[Justin///M]

As an open carrier, I'd be weary about open carrying in state parks until I felt assured that the rangers know the new laws. We have a hard enough time, sometimes, making sure LEO knows the laws, much less park rangers.

To put it another way, I'm not willing to be the one to test it out.

Justin

[ByblosHex]

As an open carrier, I'd be weary about open carrying in state parks until I felt assured that the rangers know the new laws. We have a hard enough time, sometimes, making sure LEO knows the laws, much less park rangers.

To put it another way, I'm not willing to be the one to test it out.

Justin

I was on a camping trip at French Creek this past weekend. No-one died.

That's pretty much the only thing we can do is carry-on.

[Shisno]

Has anybody gotten in contact with DCNR to find out if they have updated their rangers or acknowledge that HB40 applies to them? Again me and Justin agree, I don't feel comfortable OCing in State parks yet.

[cjg332]

Has anybody gotten in contact with DCNR to find out if they have updated their rangers or acknowledge that HB40 applies to them? Again me and Justin agree, I don't feel comfortable OCing in State parks yet.

We (PAFOA members) could bring some literature with us the next time me go camping or hiking. Drop it off at the front office. MPOETC cant get the LEO's trained, how can we expect DCNR to get their rangers trained.

[Curmudgeon]

Has anybody gotten in contact with DCNR to find out if they have updated their rangers or acknowledge that HB40 applies to them? Again me and Justin agree, I don't feel comfortable OCing in State parks yet.

gnbrotz has attempted it, but DCNR seems to be stonewalling him.

[ByblosHex]

gnbrotz has attempted it, but DCNR seems to be stonewalling him.

Well. There's another way to attempt it. OC event at a State Park. Under the DCNR regulation, what's the punishment anyway?