Pennsylvania Firearm Owners Association
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  1. #51
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    Default Re: Promised Land State park OC confusion !

    Quote Originally Posted by jim-analog View Post
    Greetings,

    OK, after searching for a needle in a HUGE pile of needles, I came across (thanks for the tip) PA Title 17-11.215.Weapons and Hunting. This seems to be the problem area in regard to OC in State Parks. Specifically, sections 4 and 5:

    "(4) Possessing an uncased device, or uncasing a device, including a firearm, archery equipment or slingshot, that is capable of discharging or propelling a projectile, except as provided in paragraph (2) or (7), or except in the owner’s building on a leased campsite, in the owner’s residence, or in the owner’s vehicle or trailer.

    (5) Failing to keep a device, including a firearm, archery equipment or slingshot, that is capable of discharging or propelling a projectile, in the owner’s building on a leased campsite, in the owner’s residence or in the owner’s vehicle or trailer. This prohibition does not apply to either of the following:"


    The exceptions are for permitted hunting, trapping (excp 2) or target shooting (excpt 7) in areas so designated (or with written permission). So, I think we've circled around back around to the beginning of the discussion. I'd guess that without a slight change to Section 4, the Park Rangers do seem to have cause to not permit OC. That's my understanding anyway. So, is this worth the effort to attempt a legislative fix? Thanks to everyone who helped me out with the cites.

    Regards, Jim
    According to tl_3237 (and others) that provision is preempted by 6109(m.3). http://forum.pafoa.org/showthread.ph...46#post2877846

    From what I understand the PA Attorney General's office came to essentially the same conclusion regarding the Gaming Commission regulating the carry of firearms in casinos: 6109(m.3) prohibits such state agency regulation.
    I am not a lawyer. Nothing I say or write is legal advice.

  2. #52
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    Default Re: Promised Land State park OC confusion !

    Greetings,

    Thank you Twency. That is what I *thought* to be the case (6109), but had the wrong statute. Seems like we're stuck in a "do loop" and can't get out.

    So, to summarize the Title 17 -11.215 prohibits OC in State Parks, but the Title 18 6109.xx says this is preempted. Ahh! What's the fix?

    Regards, Jim


    Quote Originally Posted by twency View Post
    According to tl_3237 (and others) that provision is preempted by 6109(m.3). http://forum.pafoa.org/showthread.ph...46#post2877846

    From what I understand the PA Attorney General's office came to essentially the same conclusion regarding the Gaming Commission regulating the carry of firearms in casinos: 6109(m.3) prohibits such state agency regulation.

  3. #53
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    Default Re: Promised Land State park OC confusion !

    Bumping old thread. Any new developments on open carry in state parks? Has DCNR backed off?
    Life has a melody. Not great, not terrible.

  4. #54
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    Default Re: Promised Land State park OC confusion !

    Quote Originally Posted by JustinHEMI View Post
    Bumping old thread. Any new developments on open carry in state parks? Has DCNR backed off?
    I had forgotten about this thread until I read through it....
    "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

  5. #55
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    Default Re: Promised Land State park OC confusion !

    My guess is no official change. Doesn't come up much because of three factors:

    1. Small percentage of folks OCing in state parks.
    2. Those that do may never come into contact with DCNR personnel
    3. Even if coming into contact with DCNR, not all DCNR will make an issue of it (regardless of their understanding of policy/law).
    Get your "Guns Save Lives" stickers today! PM for more info.

  6. #56
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    Default Re: Promised Land State park OC confusion !

    Quote Originally Posted by gnbrotz View Post
    My guess is no official change. Doesn't come up much because of three factors:

    1. Small percentage of folks OCing in state parks.
    2. Those that do may never come into contact with DCNR personnel
    3. Even if coming into contact with DCNR, not all DCNR will make an issue of it (regardless of their understanding of policy/law).
    4. Even if there is contact how many will actually notice?
    Sticks and stones will break my bones but hollow points expand on impact.

  7. #57
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    Default Re: Promised Land State park OC confusion !

    Quote Originally Posted by STBear View Post
    4. Even if there is contact how many will actually notice?
    I'm going to be carrying in this.

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    Life has a melody. Not great, not terrible.

  8. #58
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    Default Re: Promised Land State park OC confusion !

    OC or not, make sure you go inside the museum at Promised Land, it's really nice (for a little state park museum).

  9. #59
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    Default Re: Promised Land State park OC confusion !

    If you have a hunting license, couldn't you carry OC?

  10. #60
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    Default Re: Promised Land State park OC confusion !

    I don't care if DCNR still has the rule or not. It's illegal and I'm going to OC.
    Life has a melody. Not great, not terrible.

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