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Thread: promised land state park
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April 10th, 2014, 10:12 PM #1Member
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promised land state park
Heading there to promised land state park for camping/fishing trip. was curious about the carrying law in a state park/ camping grounds. If anyone has any answer please help!?
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April 10th, 2014, 10:33 PM #2
Re: promised land state park
Carry is legal in PA state parks. There is some controversy about the legality of open carry, but concealed carry is legal.
While many claim to support the right, precious few support the practice.
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April 10th, 2014, 10:42 PM #3
Re: promised land state park
I was not aware that open carry in a Pa. State park was even in question? I thought the only way was concealed with a LTCF permit.
Navy ⚓️ 1965–1969
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April 10th, 2014, 10:48 PM #4Member
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Re: promised land state park
I appreciate it..just curious cause I have a full frame m&p and it's gonna be summer so if it decides to peek out under the shirt..do you think I'll have a problem?
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April 10th, 2014, 11:51 PM #5
Re: promised land state park
A "recent" change to statute makes it illegal for PA Park system to prohibit it.
18-6109 (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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April 11th, 2014, 12:10 AM #6
Re: promised land state park
Thank you.
Navy ⚓️ 1965–1969
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April 11th, 2014, 10:28 AM #7Member
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Re: promised land state park
Do you know if there is a range near the park?
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April 11th, 2014, 01:06 PM #8Super Member
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Re: promised land state park
Tobyhana is nearby
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April 12th, 2014, 01:22 AM #9
Re: promised land state park
RT 6 not too far either.
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April 12th, 2014, 10:33 AM #10
Re: promised land state park
Before anyone proceeds under the impression that open carry is legal in state parks, a few notes of caution should be established.
There have been several threads on this issue of OC in state parks and there have been several inquiries of DCNR regarding the applicability of the above quoted 18 PA CS §6109(m.3). If anyone has contrary documentation, please provide, but as far as I recall the DCNR is adamant that OC is not permitted regardless of licensure and there has been no advancement to the contrary.
Specifically to the Promised Land State Park, their website still reads the following:
Use extreme caution with firearms at all times. Other visitors use the park during hunting seasons. Firearms and archery equipment used for hunting may be uncased and ready for use only in authorized hunting areas during hunting seasons. In areas not open to hunting or during non-hunting seasons, firearms and archery equipment shall be kept in the owner's car, trailer or leased campsite. Exceptions include: law enforcement officers and individuals with a valid Pennsylvania License to Carry Firearms are authorized to carry a firearm concealed on their person while they are within a state park.
I'm unaware of any testing of the (m.3) subsection of §6109 to date. As I indicated in another thread, the enlarged preface statement I show above in the statute introduces an uncertainty as to how the (m.3) does or does not operate outside of the narrowed application within §6109 itself – there has been no judicial determination as to whether it is truly a broad state agency preemption similar to that of §6120 for government subdivisions below the state level.
As such, I would advise caution for anyone intending to OC in the state parks unless they are comfortable with the potential legal risks attendant thereto.IANAL
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