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Thread: New regs for State Forest...
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September 24th, 2015, 01:09 PM #11
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September 24th, 2015, 01:15 PM #12
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September 24th, 2015, 01:32 PM #13
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September 24th, 2015, 01:37 PM #14
Re: New regs for State Forest...
That's not the reason. The regulation you site (017 Pa Code 11.215(4)) remains unchanged on the books and still prohibits CC and OC in state parks. The only difference is that a state statute has partially tolled that regulation:
18 Pa CS § 6109. Licenses.
(a) Purpose of license.--A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle throughout this Commonwealth.
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(m.2) Inconsistent provisions.--Notwithstanding the provisions of section 7506 (relating to violation of rules regarding conduct on Commonwealth property), 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.
With the passage of Act 2011-10 (aka HB40) a new section arguably eviscerates the park regulation in toto for all types of firearms and carry methods - though the DCNR disagrees:
(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.IANAL
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September 25th, 2015, 08:19 AM #15Senior Member
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Re: New regs for State Forest...
Have they said under what they disagree? To me that language is amazingly clear.
No matter the case it sounds like the DCNR needs to eat a bag of conveyances.
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September 25th, 2015, 10:55 AM #16
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September 25th, 2015, 11:47 AM #17
Re: New regs for State Forest...
A good thread to read: http://forum.pafoa.org/showthread.php?t=178959
Things may have changed a bit since then, considering the 2014 PaAG opinion (OAG Opinion 2014-PA Gaming Control Board (1).pdf), but the DCNR is not being proactive in modifying their OC policy. It will take a direct AG opinion specific to them, direct pressures from legislative offices or judicial action to make them relent to allow OC.Last edited by tl_3237; September 25th, 2015 at 07:15 PM.
IANAL
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September 26th, 2015, 09:08 AM #18Grand Member
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