Pennsylvania Firearm Owners Association
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  1. #21
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    Default Re: Allegheny County Laws

    Quote Originally Posted by markshere2 View Post
    Rifle prohibition - I'll leave that up to smarter folks here.

    However the creek thing could be problematic. There are laws allowing people to fish many creeks and landowners cannot prohibit that activity. Even if your property is posted "No trespassing", if Andy Angler walks up or down the creek, it's legal for him to do that.

    Couple that with rounds passing that direction and you might have issues.

    Let us know how it shakes out please.
    This came up in the shady Puerto Rican fishing thread, and no one provided a citation of it being true. If you have an actual citation of law that would be great.
    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  2. #22
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    Default Re: Allegheny County Laws

    Quote Originally Posted by streaker69 View Post
    This came up in the shady Puerto Rican fishing thread, and no one provided a citation of it being true. If you have an actual citation of law that would be great.

    Found something:

    http://fishandboat.com/water/public/...lic_waters.htm

    Who owns public waters?
    The title to the beds of public waters is held in trust by the Commonwealth of Pennsylvania for the benefit of the public. In case of rivers and streams, the Commonwealth’s ownership extends to ordinary low water mark, and the adjacent riparian landowner owns above the high water mark. An easement exists in favor of public between high and low water marks. That easement includes the right to fish. In case of lakes, Commonwealth’s ownership encompasses the mean pool of lake.

    Do the rights of the public include being able to cross private property to gain access to the public waters?
    No. The public does not have a right to cross on private property to gain access to public waters. However, if you enter a public waterway lawfully (e.g., through a public access point), you can wade, boat, float or otherwise be in the waterway where it passes through private property.
    This can get spotty at best as to access to the creek. A fisherman should not be crossing private property without permission to access the easement for fishing, and it isn't always clear as to what the actual easement is, because it'd defined the area between the high and low water marks. Those marks aren't always obvious. If the fisherman is standing in the water, then he's obviously within the easement. Standing on the banks may not be so clear.

    Another point is, the OP doesn't say if the creek is even big enough for fishing, so this discussion may be moot.

    Also, if the creek isn't considered navigable, then there isn't a right to fish there.

    Can a riparian landowner prevent members of the public from fishing or wading in a non-navigable water?
    Yes.
    Last edited by streaker69; December 7th, 2014 at 11:49 AM.
    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  3. #23
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    western PA, Pennsylvania
    (Allegheny County)
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    Default Re: Allegheny County Laws

    I'm so concerned about the creek. We RARELY see a fisherman and the back stop I use will eliminate the creek issue.

  4. #24
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    western PA, Pennsylvania
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    Default Re: Allegheny County Laws

    Not so concerned that is.

  5. #25
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    Default Re: Allegheny County Laws

    Good backstops and NFA-registered silencers have prevented a whole lot of problems. If the neighbors don't hear you shooting, and your projectiles stay on your property, then the issue never comes up.

    Silencers are dandy things. It's how we tolerate automobiles operating nearby without going deaf, because we sensibly muffle the loud noisy part. And plinking with suppressed .22 rifles or pistols is a very family-friendly activity.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  6. #26
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    (Westmoreland County)
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    Default Re: Allegheny County Laws

    Quote Originally Posted by streaker69 View Post
    ... the shady Puerto Rican fishing thread,
    So...that was YOU I saw fishing there!! I knew that local who kept telling me the Amish were frequent customers was fibbing.

  7. #27
    Join Date
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    Harrisburg area, Pennsylvania
    (Dauphin County)
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    Default Re: Allegheny County Laws

    Quote Originally Posted by PAMedic=F|A= View Post
    1. PSP does not know because if there is a prohibition it is a local ordinance. PSP does not enforce local ordinance.

    2. The Sheriff's office does not know because again it would be a local (township) ordinance. Also, time and again it has been ruled by PA's courts that the sheriff has no statutory police powers. There maybe some disagreements of the authority of Fire Police & Township Constables, but everyone can agree they are some form of Law enforcement, which the Sheriff is not.

    3. Do not take legal advice for cops. If they said you can not shoot a rifle, get them to direct you to the ordinance that says so.

    4. Call the township office, which maybe what you meant when you said solicitor. Ask for a copy of the township ordinances.

    http://www.fawntownship.com/CCI06092014_0000.pdf

    Right To Know Officer

    Patricia Bryant
    3054 Howes Run Road
    Email: fawntwp@comcast.net
    Fax: 724-226-9466

    724-226-0666 Fawn Township Municipal Office
    724-226-0008 Fawn Township Zoning Office

    Board Vacancies
    Board Vacancies
    Residents are needed to volunteer their time on the Planning Commission,
    Recreation Board, and Auditor Board.

    If you are interested in a position on one of the Boards please contact the
    Township by email or send a letter of interest to:
    Fawn Township
    3054 Howes Run Road
    Tarentum, PA 1508


    Also: When you are canning make sure you adjust time & pressure. You're over 1,000 feet.
    Except in Allegheny County. (There was a special carve-out by the legislature for the Allegheny County Sheriff's Dept.)

    ________
    Edited to add: I must have been asleep at the wheel when I made this post. Looks like several people had already made the exact same point.
    Last edited by twency; December 9th, 2014 at 12:37 AM.
    I am not a lawyer. Nothing I say or write is legal advice.

  8. #28
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    Default Re: Allegheny County Laws

    Quote Originally Posted by Argentum View Post
    As others have said, you need to get the township ordinances. Many of them can be found online these days. You need to look for at least the following types of ordinances: against discharge of firearms, construction of a range, and noise.

    For example, I live in Cranberry Twp. just over "the line" from Allegheny Co. They used to have an ordinance against firearms discharge of any form until a few years ago (IIRC, one of the forum members here actually took the issue to the Twp Supervisors as a pre-emption violation and since our board is rational and sane, they dropped the 40+ year old statue). The ordinance now refers back to state law and to hunting - see http://ecode360.com/14185608.

    Cranberry also has an ordinance specifically about the construction of a permanent range that details certain construction requirements, permits, and inspections. For example see section 6-102 of the township code http://ecode360.com/14185610 from Cranberry's rules.
    I find this interesting. I grew up in Cranberry when it was still woods and mostly farms. I recall seeing township signs that said to the effect: Welcome to Cranberry Twp., use of rifles restricted.

    Of course, it did not say how they were restricted.

    When I got out of the military, I shot my pistols in my parents back yard in a safe manner. I just practiced fairly quickly so was done within 20 minutes. Due to all the malls and businesses in the area, I guess someone would call because I would see all kinds of Cranberry cruisers wandering about after I was done. The laws may have changed but at the time I am pretty sure the sign remained the same though I did not check into the statutes. Quite different from the old days before housing developments and malls etc.

    Apparently, those social developments bring the libtards en masse.
    It is you. You have all the weapons that you need. Now fight. --Sucker Punch

  9. #29
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    Default Re: Allegheny County Laws

    Quote Originally Posted by knight0334 View Post
    Allegheny County Sheriff and Department is actually the only sheriff and department with full police powers due to a clause in PA law for that type of county.
    You're right I forgot, but if It comes up I'll argue that no reasonable person would believe a sheriff from Allegheny county would be different from the other 66 counties. Why should anyone believe that a sheriff from Allegheny is a cop when a sheriff from Dauphin (the seat of the Commonwealth Government) or Philadelphia (most populous) is not, a sheriff from one of the other 7 home rule counties is not. Nor does the Allegheny County Sheriff's office make any note of this on their website....I do like their online LTCF application process.

    Because seriously. WTF.
    "Cives Arma Ferant"

    "I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001

  10. #30
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    Default Re: Allegheny County Laws

    Quote Originally Posted by TaePo View Post
    <snip>

    Apparently, those social developments bring the libtards en masse.
    True that. North Fayette, Robinson, Findlay - were all remote exsurbs of grown-over strip mines and woods where you hunted rabbits, picked blackberries, and hunted deer - now it's polluted with zombies.
    All of my guns are lubed with BACON GREASE.

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