Carrying rifle while hiking in parks?

[PeteG]

this is exactly the point i was trying to make. isn't the burden of proof on the PGC? does possession of a long gun provide RAS of illegal hunting?

Making possession of a rifle or a carcass prima facie evidence of hunting is not conclusive. It only means that absent some other evidence or explanation it may be presumed the individual was hunting.

The burden of proof remains with the government. The burden of going forward with evidence therefore rests initially with the government. That initial burden is satisfied by the mere fact of one being armed, and the burden to rebut that prima facie case then shifts to the defendant. If the prima facie evidence is rebutted by the accused, either the government must come up with some additional evidence or the individual will be found not guilty.

Therefore, if one was cited for hunting because they were carrying a 4" .44 cal. revolver, they could offer the explanation the revolver was for protection against predators, rabid animals, packs of wild dogs or criminals. If they are believed, they are acquitted.

The kind of weapon involved goes only to how believable (credible) the defense is. Carrying a 4" revolver for personal protection rather than hunting is believable. But carrying a scoped .30-30 rifle for personal protection rather than poaching deer is less believable. It's sort of like arguing that a 16" knife was being carried for utility purposes rather than as a "prohibited offensive weapon"; it's a hard sell.

There is all kinds of evidence that can rebut the initial presumption. Testimony by a companion that you were just there hiking would be very competent evidence. The absence of any tools or implements to clean or transport game, being dressed in hiking boots and shorts, and even one's own denials are also evidence.

[Jed Stevens]

PeteG, that is another very helpful summary. My question would now be if i'm wearing hiking shoes. I am dressed in shorts and a tee shirt that are say of the Volcom Brand(worn by action sport enthusiasts and not camo). While carrying a SIG 716 with Iron sights and a mounted 800lm flashlight on my back pointed in the safe direction of the ground, and while hiking or Fishing deep in a state park with my only intention being SD.

Would this be prima facie evidence of hunting? Could i be cited or arrested and have my rifle confiscated? Even though PA is an OC state and I have no tools other than maybe lures for fishing? Lastly, would it make more sense to just CC my 1911?

[InTheGray]

Wow! Black Bears... Mountain Lions... The REALLY dangerous critter you need to watch out for is the Eastern Diamondback Rattlesnake. They can get to 8' long or better and if they decide to bite you they inject their whole venom load -- two-steppers for sure!

I haven't hunted for more years than I care to think about, but the stories I heard in my youth about the PGC... let me say that if they are true (granted not all the folks with the PGC are ahats) the PGC is a law unto themselves. Things like busting someone and snagging up their guns, vehicle, etc. and then finding out they snagged the wrong person and still keep that person's stuff...
Like I said, don't know the truth of it. It just seems like they can bust you without any due process a regular LEO would have to follow.

I hear a lot of " ...it has to be unconstitutional ... ". I don't recall either the state or federal constitution saying anything about laws having to make sense, not be contradictory, or even be fair.