Pennsylvania Firearm Owners Association
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  1. #1
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    Default Can I OC and plink with .22 rifle in the woods. Also a .357 revolver?

    Is it legal for me to carry my 10/22 rifle through the woods and shoot at cans, bottles, and other crap that is laying around? I mostly do this on Sundays if it makes a difference. Usually take a 5-7 mile hike and shoot off 150 rounds. I do not hunt or shoot animals of any type while doing this.

    There is nothing around for miles in any direction. I don't know who or what owns the land. It is old abandoned coal mines, etc. I have been doing this for years, but am wondering the legality in the whole thing. The land is in central PA area.

    Also, any reason I couldn't carry my .357 revolver OC on my waist? I don't shoot it, but I like to keep something with me a little more powerful then a .22. There is all kinds of wildlife running around.

    I do have LTCF. I do not have any type of hunting license.

    Thanks for the info!

  2. #2
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    Default Re: Can I OC and plink with .22 rifle in the woods. Also a .357 revolver?

    You are common law trespassing if you do not own the lands you hike, it may be criminal trespassing if they are posted. No lands are truly "abandoned", unless the county or municipality has taken them over via tax lean or they were surrendered to said authority. Someone owns them somewhere whether it be an individual, a corporation, a trust, or some other entity. Court rulings allow for trespassing on unposted rural lands for hunting, but the rulings didn't include other activities. So its very likely you could be criminally trespassing.

    If it is public lands, then its possible you are violating a law by discharging the gun(s). If the lands are state park, then you must conceal the guns - except for portions that allow hunting. But if you aren't hunting, then you would be in violation.

    If it is state forest you cannot just target shoot, you'd have to abide by state law/regs on target shooting which I believe requires some sort of backstop.

    If it is game lands - you are in violation of game laws. You cannot just randomly discharge or target shoot on them.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

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  3. #3
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    Default Re: Can I OC and plink with .22 rifle in the woods. Also a .357 revolver?

    Quote Originally Posted by knight0334 View Post
    You are common law trespassing if you do not own the lands you hike, it may be criminal trespassing if they are posted. No lands are truly "abandoned", unless the county or municipality has taken them over via tax lean or they were surrendered to said authority. Someone owns them somewhere whether it be an individual, a corporation, a trust, or some other entity. Court rulings allow for trespassing on unposted rural lands for hunting, but the rulings didn't include other activities. So its very likely you could be criminally trespassing.

    If it is public lands, then its possible you are violating a law by discharging the gun(s). If the lands are state park, then you must conceal the guns - except for portions that allow hunting. But if you aren't hunting, then you would be in violation.

    If it is state forest you cannot just target shoot, you'd have to abide by state law/regs on target shooting which I believe requires some sort of backstop.

    If it is game lands - you are in violation of game laws. You cannot just randomly discharge or target shoot on them.
    There is a whole lot of "SUCK" right there. Totally on the mark and absolutely correct. But it is still loaded with 'suck'. All the freedom we had as little boys is all but gone now. Damned shame, ain't it?

  4. #4
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    Default Re: Can I OC and plink with .22 rifle in the woods. Also a .357 revolver?

    I used to shoot at old coal tailings "boney" dumps and abandoned strip pits all the time 20 years ago. Nobody, not even the PGC WCO's ever bothered me as long as I wasn't littering. Guys rode trailbikes all over the boney dumps too. Then about 15 years ago the state put up gates at all the boney dumps and riding and shooting were actively policed due to 'environmental concerns'. The abandoned strip pits have all become part of the State game lands, or filled in. (Filling them in is a good safety idea).

    Heck, the town I grew up in had no problem with pellet guns being shot by adults as long as you were shooting at a backstop like your garage or house.
    Haven't been able to do that in nine years now as my little town considers pellet guns and bows to be 'firearms' due to criminal mischief issues.

    By law, there really is no place left to chase cans or shoot the tips off cattails unless you are lucky enough to own a lot of rural property. Even if you own enough property there may be noise restrictions allowing somebody to press a civil complaint if your 'noisy' activity bothers them.

    PA has a huge problem. 90% of this state is still basically rural, but the cities of Philadelphia, Pittsburgh and Eire etc. get enough political muster to dictate the laws for the entire state. Then the city antis buy up lots of rural land for their 'retreats' and create even more problems.
    Last edited by 300plus; January 1st, 2011 at 06:49 PM. Reason: spelling
    NRA PATRON LIFE MEMBER, GOA, SAF, PAFOA

  5. #5
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    Default Re: Can I OC and plink with .22 rifle in the woods. Also a .357 revolver?

    You may also be charged with a violation of the PA Game Codes regarding hunting with illegal weapons and out of season and without a hunting lic.

  6. #6
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    Default Re: Can I OC and plink with .22 rifle in the woods. Also a .357 revolver?

    Don't ask. Don't tell. Don't get caught.

  7. #7
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    Default Re: Can I OC and plink with .22 rifle in the woods. Also a .357 revolver?

    Quote Originally Posted by 300plus View Post
    I used to shoot at old coal tailings "boney" dumps and abandoned strip pits all the time 20 years ago. Nobody, not even the PGC WCO's ever bothered me as long as I wasn't littering. Guys rode trailbikes all over the boney dumps too. Then about 15 years ago the state put up gates at all the boney dumps and riding and shooting were actively policed due to 'environmental concerns'. The abandoned strip pits have all become part of the State game lands, or filled in. (Filling them in is a good safety idea).

    Heck, the town I grew up in had no problem with pellet guns being shot by adults as long as you were shooting at a backstop like your garage or house.
    Haven't been able to do that in nine years now as my little town considers pellet guns and bows to be 'firearms' due to criminal mischief issues.

    By law, there really is no place left to chase cans or shoot the tips off cattails unless you are lucky enough to own a lot of rural property. Even if you own enough property there may be noise restrictions allowing somebody to press a civil complaint if your 'noisy' activity bothers them.

    PA has a huge problem. 90% of this state is still basically rural, but the cities of Philadelphia, Pittsburgh and Eire etc. get enough political muster to dictate the laws for the entire state. Then the city antis buy up lots of rural land for their 'retreats' and create even more problems.
    I didn't think a " little town " had the authority to determine what was and what wasn't a firearm. Sounds like their little rule/ordinance is probably null and void.
    " The Seeds of Oppression Will One Day Bear The Fruit of Rebellion."

  8. #8
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    Default Re: Can I OC and plink with .22 rifle in the woods. Also a .357 revolver?

    Quote Originally Posted by tes151 View Post
    I didn't think a " little town " had the authority to determine what was and what wasn't a firearm. Sounds like their little rule/ordinance is probably null and void.
    Right? oh and um...they can't keep you from shooting a pellet gun safely on your property. "Due to criminal mischief" ??!! How bout only charge those who are caught committing crimes?

  9. #9
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    Default Re: Can I OC and plink with .22 rifle in the woods. Also a .357 revolver?

    Quote Originally Posted by tes151 View Post
    I didn't think a " little town " had the authority to determine what was and what wasn't a firearm. Sounds like their little rule/ordinance is probably null and void.

    But a municipality can criminalize the discharging of a firearm, or even of other weapons like BB guns, airsoft, paintball, bow&arrow, etc.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  10. #10
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    Default Re: Can I OC and plink with .22 rifle in the woods. Also a .357 revolver?

    Quote Originally Posted by DSM_1500 View Post
    There is nothing around for miles in any direction. I don't know who or what owns the land. It is old abandoned coal mines, etc. I have been doing this for years, but am wondering the legality in the whole thing.
    In most cases you can find the owner, or some owner (occasionally people don't record deeds for example) and work up from there. Go to the county tax office and locate the assessment, and then you can work back to deeds.

    Quote Originally Posted by knight0334 View Post
    You are common law trespassing if you do not own the lands you hike, it may be criminal trespassing if they are posted. . . . Court rulings allow for trespassing on unposted rural lands for hunting, but the rulings didn't include other activities. So its very likely you could be criminally trespassing.
    I realize we're not some place in Scandinavia where there's mountain man's rights to chill out in the forest if one isn't being destructive, but I have to think that America back through England has a rich history of 'passing isn't trespassing'. Maybe we just have a rich history of trespassers.

    If you know of some writings on the history of passing and trespassing in America, or are aware of treatises or opinions regarding this common law trespassing, please link us.

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