PA Hunting Law vs. Local Ordinances

[ettorment1916]

Here's a good article from The Post Gazette online yesterday.

The article discusses how state hunting law supersedes local ordinances. It's a good read.

"Those authorities have no jurisdiction over the discharge of firearms dring the course of legal hunting and trapping. The law is quite clear -- state law supersedes local ordinances."said Jason Raup, assistant council for the state Game Commission, the agency charged with enforcing hunting laws.

http://www.post-gazette.com/sports/o...s/201312010069

[football061]

Soooooooooo....would a county park be fair game for hunting during season if the 150 yard rule for firearms and 50 yard rule for archery were met? This would seem to say that unless it's a state park, your municipality cannot tell you that it's illegal to hunt somewhere if the game commision's regulations are met, unless it's privately owned property.

I have a patch of woods in my neighborhood. This is just theoretical thinking, but if I were to get every homeowner's permission that borders that patch of woods and met the 50 yard requirement, I would be legally able to hunt those woods even if portions of it were township property?

This is quite interesting.....this patch of woods isn't very large but there are BIG deer residing there.

[streaker69]

I don't think I'll hold my breath for the state to step and and tell these municipalities to knock it off.

[tl_3237]

Soooooooooo....would a county park be fair game for hunting during season if the 150 yard rule for firearms and 50 yard rule for archery were met? This would seem to say that unless it's a state park, your municipality cannot tell you that it's illegal to hunt somewhere if the game commision's regulations are met, unless it's privately owned property.

I have a patch of woods in my neighborhood. This is just theoretical thinking, but if I were to get every homeowner's permission that borders that patch of woods and met the 50 yard requirement, I would be legally able to hunt those woods even if portions of it were township property?

This is quite interesting.....this patch of woods isn't very large but there are BIG deer residing there.

No - the governmental subdivision can still ban hunting on ITS land like any landholder. The preemption prevents them from thwarting hunting on otherwise hunting permitted land through discharge ordinances.

[football061]

I don't think I'll hold my breath for the state to step and and tell these municipalities to knock it off.

I just re-read my township's code book on firearms and bow and arrow discharge. It says it's illegal unless the discharge meets the PGC's requirements.

So, the way it is written in the code book it looks as if I'd legally be allowed, especially if I got permission from the houses that border the woods I'm talking about.

I'm not talking about taking my slug gun out there, I'm talking archery.

[football061]

No - the governmental subdivision can still ban hunting on ITS land like any landholder. The preemption prevents them from thwarting hunting on otherwise hunting permitted land through discharge ordinances.

Nowhere in my township's code book does it ban hunting. It simply bans discharging of weapons unless the discharge complies with the PGC.

[tl_3237]

Nowhere in my township's code book does it ban hunting. It simply bans discharging of weapons unless the discharge complies with the PGC.

Doesn't have to be in the code book (ordinance). A parks commission or similar body can establish rules of usage for lands under their purview that ban certain activities such as hunting. If the 'park' does not proscribe hunting then it's available subject to PGC regulations provided you comport with any all other 'park' rules.

[football061]

Doesn't have to be in the code book (ordinance). A parks commission or similar body can establish rules of usage for lands under their purview that ban certain activities such as hunting. If the 'park' does not proscribe hunting then it's available subject to PGC regulations provided you comport with any all other 'park' rules.

Not being a jerk, just playing devil's advocate here......

What if the said section of woods was not classified as a park? Simply a piece of woods within the township, owned by the township and possibly by the homes that border the piece of said woods?

[tl_3237]

Not being a jerk, just playing devil's advocate here......

What if the said section of woods was not classified as a park? Simply a piece of woods within the township, owned by the township and possibly by the homes that border the piece of said woods?

If a landholder (private or governmental), while acting within the scope of their rights/authority, says "No Hunting" then, well, you can't hunt. That's why I used 'park' in quotes and because your initial question was in reference to a county park.

[football061]

If a landholder (private or governmental), while acting within the scope of their rights/authority, says "No Hunting" then, well, you can't hunt. That's why I used 'park' in quotes and because your initial question was in reference to a county park.

Gotcha!

I believe this is a good topic for us bow hunters. To be able to find swaths of woods that can potentially be hunted legally in season is a huge bonus. I did not know that state game law superceded local weapons discharge.

Granted, like I said, I wouldn't take my slug gun out to local woods if I could legally hunt there especially if it was in a highly popluated area. But this definitely opens up a new thought process. I may be making some phone calls to my township about certain areas of land.