Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    May 2008
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    Six Mile Run, Pennsylvania
    (Bedford County)
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    Default Carry on USCoE property

    Good morning all,

    I know this has been discussed before but I just want some clarification for myself. I recently moved and now live a short drive from Raystown lake. most of which is run by the army corp of engineers. i found the following rules.

    327.13 Explosives, firearms, other weapons and fireworks.
    (a) The possession of loaded firearms, ammunition, loaded projectile firing devices,
    bows and arrows, crossbows, or other weapons is prohibited
    unless:
    (1) In the possession of a Federal, state or local law enforcement officer;
    (2) Being used for hunting or fishing as permitted under 327.8, with devices being
    unloaded when transported to, from or between hunting and fishing sites;
    (3) Being used at authorized shooting ranges; or
    (4) Written permission has been received from the District Commander.
    (b) Possession of explosives or explosive devices of any kind, including fireworks or
    other pyrotechnics, is prohibited unless written permission has been received from the
    District Commander.
    This one clearly states that I cannot carry but later i found this.

    327.26 State and local laws.
    (a) Except as otherwise provided in this part or by Federal law or regulation, state and
    local laws and ordinances shall apply on project lands and waters. This includes, but is
    not limited to, state and local laws and ordinances governing:
    (1) Operation and use of motor vehicles, vessels, and aircraft;
    (2) Hunting, fishing and trapping;
    (3) Use or possession of firearms or other weapons;
    (4) Civil disobedience and criminal acts;
    (5) Littering, sanitation and pollution; and
    (6) Alcohol or other controlled substances.
    (b) These state and local laws and ordinances are enforced by those state and local
    enforcement agencies established and authorized for that purpose.

    Now this confuses me. can I or can i not carry on areas controlled by the USACoE? anyone have an answer to help me out?

  2. #2
    Join Date
    Aug 2010
    Location
    South East of disorder
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    Default Re: Carry on USCoE property

    Your question raises a question for me. How do you even know when you are on USACoE property? Where are such properties found?
    Aggies Coach Really ??? Take off the tin foil bro.

  3. #3
    Join Date
    Apr 2009
    Location
    Upper Bucks, Pennsylvania
    (Bucks County)
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    Default Re: Carry on USCoE property

    Pretty sure you can't carry on USACoE property.

  4. #4
    Join Date
    Jul 2007
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    ..............., Pennsylvania
    (Chester County)
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    Default Re: Carry on USCoE property

    The answer is in the introductory phrase:

    327.26 State and local laws.
    (a) Except as otherwise provided in this part or by Federal law or regulation, state and
    local laws and ordinances shall apply on project lands and waters. This includes, but is
    not limited to, state and local laws and ordinances governing:
    "Part" refers to part 327 of title 36 of the CFR.

    You already cited 36 CFR 327.13 which falls under the 327.26 exception and hence 327.26(a)(3) is inapplicable. In essence the CoE properties subsume the specified state and local laws under 327.26, but only when there is no specific applicable Federal law or regulation on the specific subject. You cannot carry a loaded firearm/ammo unless you meet one of the exceptions of 327.13(a). In Idaho there was a 2014 District Court injunction in which the CoE was prohibited from enforcing 327.13 against lawful self-defense carry - believe it is under appeal.
    Last edited by tl_3237; June 14th, 2016 at 07:52 PM.
    IANAL

  5. #5
    Join Date
    May 2008
    Location
    Six Mile Run, Pennsylvania
    (Bedford County)
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    Default Re: Carry on USCoE property

    Thanks for the clarification. That is what i thought I just wanted a second opinion.

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