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Thread: Do I have this straight...
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August 22nd, 2013, 03:34 PM #1
Do I have this straight...
State Parks=CC
State Forest=OC/CC
National Parks=OC/CC
State Game Lands=CC
Township parks=OC/CC
App Trail(usually from town of Del water Gap)=OC/CC
I recently took the dog to a local park in East Stroudsburg over the weekend. No signs about firearms so I OC'd. People in park said nothing, dog said nothing, all was good.
Thx.
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August 22nd, 2013, 04:10 PM #2Member
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Re: Do I have this straight...
Township (and County) parks should be OC/CC, but many of them have "No Firearms" rules. At the township level it seems to be hit and miss. At the county level, at least 12 of the top 20 counties (by population) have "No Firearms" rules or vague rules on firearms possession for their parks.
I believe those rules are preempted by state law, but it could take getting cited and an extended court battle to prove it.
You can check this thread for the ongoing court battle with the city of Erie about open carrying in a city park:
http://forum.pafoa.org/pennsylvania-...ml#post2395848
Not saying you shouldn't carry in a local park, just that you should be aware of the risk depending on where you are.
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August 22nd, 2013, 04:47 PM #3Super Member
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Re: Do I have this straight...
why do you say CC for state game lands?
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August 22nd, 2013, 05:18 PM #4
Re: Do I have this straight...
I thought state gamelands was CC only? Am I wrong. Thx for the info!
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August 22nd, 2013, 05:23 PM #5
Re: Do I have this straight...
Game lands are CC/OC.
Dont let anyone tell you any different..RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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August 22nd, 2013, 05:57 PM #6
Re: Do I have this straight...
Thank you. I just dont want to get caught up in something for not knowing the law. Thanks!
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August 22nd, 2013, 06:00 PM #7
Re: Do I have this straight...
Just read the thread. WOW. Just overpowering the state law!
What does that mean for the rest of the counties? If they (Erie) can do it without any penalty than the others may try it also. Whos is in the states pocket? Cant believe the state did not go with the preemption which in in the state law.
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August 23rd, 2013, 11:52 AM #8Super Member
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Re: Do I have this straight...
First off, paper is patient, you can write anything you damned well want on it (extend that to localities passing unenforceable ordinances). They can write and pass such regulations but that does not make them, ultimately, enforceable. In a lot of these cases, the ordinances were passed in ignorance of the state's preemption statute. In others, they were passed before the current UFA was enacted (1995?). Before then (I think), it was more loosie-goosie as to what was allowable. IIRC, Phila was a "may issue" county for LTCFs.
Philadelphia still does it all the time but until someone gets jacked up because of one of their gun ordinances, little can/will be done to remove them from the books. In Phila's case, they probably DO know that what they are doing is in violation of preemption but they do it anyway just because they think they can get away with it. e.g. Before Kane put the kabosh on several states' reciprocity, Phila passed an ordinance to "close the Florida loophole" by saying a PA resident holding a FL permit was not recognized in the city. At that time, it should not have stood up in court, but now it is regulated at the STATE level (at least until someone gets arrested for it and successfully challenges her modification of the agreement(s)). The Phila ordinance is still in violation of state preemption even though a FL CCW is now only good for FL residents throughout the state.
What RightRock was saying is that there are some areas where you COULD get hassled because of OC/CC due to local ordinances/rules, if observed, and that there could be some protracted legal issues before it gets straightened out. It's not right but it happens.
Some members here have contacted local gov'ts, laudably, to let them know that there were postings, at public parks, in violation of PA law and have gotten them rescinded; sometimes they were ignored.
Let me add, this is my take on the issue and should, in no way, be considered legal advice. If there is any misinformation in the above, PLEASE, someone correct it if they have the right info...Last edited by Kurt_D; August 23rd, 2013 at 12:00 PM.
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August 23rd, 2013, 11:57 AM #9
Re: Do I have this straight...
Thank you KURT D.
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August 23rd, 2013, 01:35 PM #10Active Member
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Re: Do I have this straight...
True, but there are certain limitations. I OC my glock on the SGL, but if you are carrying during the hunting season I believe you need to have a LTCF.
Right from the hunting regs (Big Game section)
Deer - Archery Seasons: Long, recurve and compound bows
(minimum draw weight of 35 pounds), and crossbows, and broadheads
of cutting edge design. The bolt must be equipped with a
broadhead not more than three inches long and at least 7/8 inches
wide, with at least two cutting edges on the same plane throughout
the length of the cutting surface. Magnifying scopes and sights
such as red dot on crossbows can be used. Persons hunting deer
in the archery seasons may not possess a firearm, except those individuals
who have a License to Carry Firearms permit, and then
only those firearms authorized by the permit (most sporting arms
are not authorized).
The bold leaves me to believe you couldn't carry a .357 revolver with you, because you can lawfully deer hunt with it.Stay armed my friends.
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