OC at state parks yet?

[Takem]

I'm checking the archives and googling but finding mixed answers.

[tl_3237]

I'm unaware of anything definitive. Here's a post I made today on another thread, might want to check the website of several state parks:

A "recent" change to statute makes it illegal for PA Park system to prohibit it.

18-6109 (m.3) Construction.--Nothing in this section shall be construed to:
(1) Permit the hunting or harvesting of any wildlife with a firearm or ammunition not otherwise
permitted by 34 Pa.C.S. (relating to game).
(2) Authorize any Commonwealth agency to regulate the possession of firearms in any manner inconsistent with the provisions of this title.

Before anyone proceeds under the impression that open carry is legal in state parks, a few notes of caution should be established.

There have been several threads on this issue of OC in state parks and there have been several inquiries of DCNR regarding the applicability of the above quoted 18 PA CS §6109(m.3). If anyone has contrary documentation, please provide, but as far as I recall the DCNR is adamant that OC is not permitted regardless of licensure and there has been no advancement to the contrary.

Specifically to the Promised Land State Park, their website still reads the following:

Use extreme caution with firearms at all times. Other visitors use the park during hunting seasons. Firearms and archery equipment used for hunting may be uncased and ready for use only in authorized hunting areas during hunting seasons. In areas not open to hunting or during non-hunting seasons, firearms and archery equipment shall be kept in the owner's car, trailer or leased campsite. Exceptions include: law enforcement officers and individuals with a valid Pennsylvania License to Carry Firearms are authorized to carry a firearm concealed on their person while they are within a state park.

.

I'm unaware of any testing of the (m.3) subsection of §6109 to date. As I indicated in another thread, the enlarged preface statement I show above in the statute introduces an uncertainty as to how the (m.3) does or does not operate outside of the narrowed application within §6109 itself – there has been no judicial determination as to whether it is truly a broad state agency preemption similar to that of §6120 for government subdivisions below the state level.

As such, I would advise caution for anyone intending to OC in the state parks unless they are comfortable with the potential legal risks attendant thereto.

ETA: just checked a few more websites. The statement for CC only is identical for all parks I checked. Must be a stock paragraph proffering the DCNR's current position.

[Takem]

Ok so it's still a little sketchy. I was talking to a fisherman at marsh creek state park and told him to be careful open carrying because he could be cited. He got furious and called me a stupid m fer. I explained I'm pro gun and it was just a heads up. Never seen a stranger get so angry before.

[Swamp Fox]

Very rude of him.

[Takem]

Thanks. The state park I was at has the same thing on their site. That guy was so furious that I started to second guess myself.

[jim-analog]

Greetings,

Darn, I really thought it had been determined that all PA state parks were under the same criteria as the rest of the state regarding the UFA. I usually OC at Nocamixon and the others in Central and Upper Bucks and hadn't run into any problems (yet?).

Do we need to start writing letters for this and calling our reps? To whom would be the best recipients specifically in charge of park law? Thanks for the info!

Regards, Jim

[PAMedic=F|A=]

Greetings,

Darn, I really thought it had been determined that all PA state parks were under the same criteria as the rest of the state regarding the UFA. I usually OC at Nocamixon and the others in Central and Upper Bucks and hadn't run into any problems (yet?).

Do we need to start writing letters for this and calling our reps? To whom would be the best recipients specifically in charge of park law? Thanks for the info!

Regards, Jim

Yes, also. Make sure you mention HB 2011 & 1243.

[Takem]

I emailed the guy who's in charge of a couple of the parks near me but got no response.

[BobGun]

Greetings,

Darn, I really thought it had been determined that all PA state parks were under the same criteria as the rest of the state regarding the UFA. I usually OC at Nocamixon and the others in Central and Upper Bucks and hadn't run into any problems (yet?).

Do we need to start writing letters for this and calling our reps? To whom would be the best recipients specifically in charge of park law? Thanks for the info!

Regards, Jim

Good luck with that read the Driver license center thread. The legislator does not control the departments. We can stay out of state parks, but we cannot avoid the DLCs.

[RebelRaider5]

I OC'd at Neshaminy about two weeks ago. It was with a Rifle and I was at a Civil War reenactment tough.