Rifle carry...

[donquixote1955]

While going for a walk in the woods. This question is directed especially to LEOs. I called the SW Regional office of the PA Game Commission as I don't have a hunting laws booklet, I asked if I'm violating any laws by carrying a rifle with me while going for a walk in the woods. I was told that my rifle could be siezed and I'd be cited for hunting out of season and without a license and have to appear before a District Justice to explain why I was carrying a rifle and probably be fined. Was also advised carrying a handgun is ok so long as I have a LTC, which I do. When asked why I'd be carrying a rifle, I said, because I want to. I find it rather disconcerting.

[largewhiteguy]

well, i dont know the in's and out's of PA law regarding, but here in NV, we carry rifles all the time, in or out of season. Heres why: Rabbits, Coyotes, Badgers, and Big cats, as well as a number of other varmints, are LEgal to hunt all year long, provided you have the standard hunting license, with some minor technicalities (I.E. Jackrabbits are year round, cottontails have a season, that sort of thing)

I go out with my mini-14 or my 10-22 all the time, and the smokies never give me hell for it. When i get my .308 ill carry that too. .308 works nice on coyotes and mountian lions. My suggestion to you, would be check your game laws, and if theres anything that is legal to shoot year round, just make that the animal you are hunting on any given day, should you be questioned about it. Again, not familiar with PA laws, so if theres anything i'm neglecting to mention i'm sure someone will bring it to my attention.

[zackattack784]

Yes, you can carry a rifle openly or concealed in PA, all without a license. Total BS what you were told.

[MaxPower]

So the PA GAME Commission now can regulate and enforce outdoor "shooting" activities too? When did THIS HAPPEN?!!??!!? I look forward to the day I get stopped in the woods for carrying a rifle openly and get charged w/ 'hunting out of season' .... there will be a few job openings w/in the GC when my lawyer gets done w/ them....talk about power-tripping egomaniacs! anything to make a buck and overstep their limits of power they make me SICK.

[XD45]

Yes, you can carry a rifle openly or concealed in PA, all without a license. Total BS what you were told.

I'm no expert on OCing a rifle, but I do believe it's against the law to have a loaded rifle concealed whether it's on your person or in a vehicle.

[knight0334]

It has to do with the game laws saying the mere possession of a gun is prima facie evidence that you are hunting. However in lower court rulings magistrates have tossed such charges if there was no proof someone was actually killing or stalking wildlife.

Sec. 2301. Prima facie evidence of hunting.

(a) General rule. - For the purpose of this title, any one of the following acts shall constitute prima facie evidence of hunting:

(1) Possession of any firearm, bow and arrow, raptor, trap or other device of any description usable for the purpose of hunting or taking game or wildlife.

(2) Possession of the carcass or any part or parts of any game or wildlife.

(3) Pursuing game or wildlife in any manner prohibited by this title or commission regulation.

(b) Lawful cooperation or assistance. - Notwithstanding any other provision of this title to the contrary, any person who has lawfully taken the bag or season limit for a particular species of game or wildlife or any person who meets the requirements of section 2701(c) (relating to license requirements) may aid, assist, abet or cooperate in any manner specified by this title or commission regulations with another person who is engaged in any lawful activity permitted by this title or the regulations of the commission.

[wis bang]

Cyote & groundhog are open during most of the year...have your hunting license and know what is open & the PGC can't bother you...

You are not supposed to randomly target shoot in the SFL & SGL except at an established range.

[Penguini66]

I'm no expert on OCing a rifle, but I do believe it's against the law to have a loaded rifle concealed whether it's on your person or in a vehicle.

Actually, it has been researched and stated on here a few times that there is no law on the books making carry of a loaded rifle (or shotgun for that matter) openly or concealed. The exception being that you cannot, in any way, carry a rifle or shotgun loaded in a vehicle even with a LTCF.

Long and short of it is, you want to carry your fully loaded WASR10 slung over your back while walking down main street, you're not breaking any law. The game commission has their own set of "rules" as pointed out above and they may frown upon that.

[zackattack784]

I'm no expert on OCing a rifle, but I do believe it's against the law to have a loaded rifle concealed whether it's on your person or in a vehicle.

Yep, as penguini said, no law against carrying a rifle openly or concealed, hence the reason it is de facto legal. You can never have a loaded rifle in a vehicle though, but on foot everything goes.

[donquixote1955]

Well, after e-mailing with a WCO of my acquintance, he advised me per PA game laws that while not illegal, it does present prima facia evidence that one is hunting illegally...however, he also said in his experience of prosecuting hundreds of 'poaching' cases in the past 20 years a LEO had better have more evidence than the mere fact that he/she 'caught' an individual walking in the woods with a rifle. I agree that if I'm found actually shooting a game animal, field dressing it, dragging or carrying it, stuffing it into the trunk of my car, yup, they got me. Apparently I just have to accept that it looks odd for me to be walking in the woods with a rifle, be it my AR or my .308. On memorial day I was talking with a PA state trooper who asked why I had the AR, I said it's for protection and I'm not hunting with it as it's illegal to hunt with one in PA anyways. I guess I lean a littler further right than I thought I do