HB 263 Hunting with Air or Gas Powered Weapon – Rep Gabler 15-2016 legislative effort

[WhiteFeather]

HB 263 Hunting with Air or Gas Powered Weapon – Rep Gabler 2015-2016 legislative effort

MEMORANDUM



Posted:
December 8, 2014 10:41 AM

From:
Representative Matt Gabler

To:
All House members

Subject:
Introduction of Legislation – Amending the Game and Wildlife Code to Remove the Statutory Prohibition Against Hunting with an Air or Gas Powered Weapon (formerly HB 1136 of 2013)


In the near future, I plan to reintroduce legislation (previously HB 1136 of 2013) amending the Game and Wildlife Code to remove the prohibition on hunting with an air or gas powered weapon. This legislation, if passed, would not automatically allow these weapons to be used for hunting, but would simply give the Pennsylvania Game Commission (PGC) the authority to regulate and allow the use of such weapons during specific seasons or for specific species as they see fit in order to properly manage our various game species. Currently, Title 34 specifically prohibits the PGC from allowing the use of these weapons.

Air and gas powered weapon technology has advanced in great lengths in recent years, with many such weapons now having equal or greater muzzle energy and stopping power when compared with numerous small caliber weapons currently allowed under law or regulation of the commission. Many states, including Virginia and neighboring Maryland, Ohio, New York, West Virginia and Delaware allow hunting with air powered weapons. This legislation would enable Pennsylvania to move into the twenty-first century and allow the PGC and their experts to use their data and expertise to determine whether the regulated use of these weapons is prudent with today’s technology.

House Bill 1136 was reported unanimously from the House Game and Fisheries Committee last session but did not receive a vote before the full House. This legislation has received positive attention from the Pittsburgh Tribune-Review’s Outdoors Notebook and the Pennsylvania Outdoor News. It is my hope that the reintroduction of this proposal will enable us to pass this commonsense update to our Game and Wildlife Code. Thank you for your consideration of this proposal.

FORMER COSPONSORS: EVANKOVICH, HESS, KORTZ, MULLERY, MURT

\/ read text OF HB 263 here \/
http://www.legis.state.pa.us/cfdocs/...&type=B&bn=263

BTW don't expect this to change easily in PA as we have too many hunter that don't want to remove hunting restriction on arms because of traditions sake .

They want to live in 20th century arms restrictions and don't want allow any one that hunts in PA the FREEDOM of choice to have in any other manor than what they feel is a tradition according to their standards.




http://triblive.com/sports/outdoors/...#axzz3VOoh4tEQ

Proposal would open door to hunting with air rifles in PA

The field is down to two.

No, not the NCAA Tournament. In this case, it's the number of states that prohibit the use of air rifles for hunting.

New Hampshire is one. The other? Pennsylvania.

According to the Pennsylvania Game Commission's 2014-15 hunting digest, it's illegal to use “air- or gas-operated rifles and handguns” for any species in any season.

A state lawmaker is making a second attempt to change that.

Last fall, Rep. Matt Gabler, an Elk County Republican, introduced a bill that would have amended the state game and wildlife code by removing the prohibition on hunting with air- or gas-powered weapons. It would not have automatically legalized air gun use for hunting. Rather, it would have given the Game Commission the authority to legalize such use for whatever species and seasons it wants.

It unanimously passed the game and fisheries committee but never came up in the full House for a vote before the legislative session ended.

Gabler recently reintroduced the bill as House Bill 263 and has hopes it will move this time.

“Air- and gas-powered weapon technology has advanced in great lengths in recent years, with many such weapons now having equal or greater muzzle energy and stopping power when compared with numerous small-caliber weapons currently allowed under law or regulation of the commission,” Gabler wrote to lawmakers in seeking cosponsors.

“This legislation would enable Pennsylvania to move into the 21st century and allow the (Game Commission) and their experts to use their data and expertise to determine whether the regulated use of these weapons is prudent with today's technology.”

At least one member of the Game Commission board isn't convinced hunters want that.

Ron Weaner of Adams County said the board often hears from people pushing the legalization of one implement or another. He's heard no sportsmen advocating for air rifles, he said.

“I don't know of anyone on the board or on the staff that thinks it's a good idea,” Weaner said. “I'm not interested in addressing it.”

That's not an uncommon stance, at least early in the debate, said Jim Chapman, one of the stars of the TV show “American Airgunner” and the man behind americanairgunhunter.com. Air rifles have been widely used for hunting in Europe for decades. Their acceptance as legitimate hunting tools has been slower coming in America, he said.

That's misguided, he said.

Chapman has taken game all over the world with air rifles, from birds to squirrels to hogs to whitetails to impala. They're as lethal and humane as other firearms, he said.

Their range is more limited, he admitted. He suggested most shots with air rifles must be taken at less than 100 yards. But that's a large part of their appeal, he said.

“If you're the kind of guy who went to hunting with bows or handguns because you wanted more of a challenge, you're probably the kind of guy who would like hunting with airguns,” Chapman said. “It's like bowhunting in terms of the need to get closer to your game and the need to focus on shot placement. You can be a sloppy rifle hunter. You can't be a sloppy airgun hunter.”

Modern air rifles come in two varieties: spring loaded, which work when a hunter “breaks” open the barrel to cock it, and precharged pneumatic models that operate with a built-in or, less often, detachable gas tank. Spring-loaded rifles typically are single shots. Precharged, or PCP models, can hold multiple rounds and fire up to 20 or 30 shots per charge, said Greg Wnek, a sales representative at Pyramyd Air in Solon, Ohio, one of the country's largest distributors of air rifles.

The smallest air rifles shoot .177 caliber pellets. Some, though, can fire .50-caliber pellets, similar in size to a flintlock roundball, and can take big game. Arizona allows hunters to use such firearms for taking mountain lions and black bears.

Precharged models start at $400 to $500 — and run into the thousands — with break-action guns starting at half that or less, Wnek said.

But they have real advantages over firearms that use gunpowder, he added. Ammunition is inexpensive and widely available, there is virtually no recoil, they are almost completely silent, and they often can be used in places where people don't like to see or hear other guns, he said.

“Guys that enjoy shooting, if you give them an airgun, they have as much fun as they do when shooting another firearm,” Wnek said.

The firearms industry is noticing, Chapman said, speaking of the SHOT Show, the firearms industry's annual trade show.

“If you went to the SHOT show a few years ago, air rifles were just a tiny fraction of what you saw” he said. “This year, there were four or five more big bores introduced, and there were airguns all over the place, front and center. They were just everywhere.”

Everywhere but in Pennsylvania's woods. There's precedent for changing that, Chapman said.

“You've got some practical laws to look at for reference,” Chapman said

[WhiteFeather]

Here is a legal curve ball for someone to answer.


HB 263 hunting with air guns is a title 34 wildlife code not a title 18 firearm related bill.


Many local twp and municipalities currently regulate air gun possession and use.




How will this interact with hunting preemption and PGC.


what is going to happen with the locals ordinances?

[flabbydan]

I've always found it odd that we can't legally kill starlings and English sparrows with an airgun.

[R.W.J]

Here is a legal curve ball for someone to answer.


HB 263 hunting with air guns is a title 34 wildlife code not a title 18 firearm related bill.


Many local twp and municipalities currently regulate air gun possession and use.




How will this interact with hunting preemption and PGC.


what is going to happen with the locals ordinances?

State law trumps local law. Some townships have a no discharge ordinances but you can still legally hunt there.

[R.W.J]

I've always found it odd that we can't legally kill starlings and English sparrows with an airgun.

Because they are invasive species. Not covered by title 34.

[flabbydan]

Because they are invasive species. Not covered by title 34.

I like to think of them as the illegal aliens of the animal kingdom. Starlings are on the extremely short list of creatures for which I have absolutely no pity whatsoever. Another gift from NYC.

From reading the Digest, I've always assumed that arms&ammunition, fluorescent orange requirements, etc. were the same as for the other small game species. Am I missing something?

[GeneCC]

Proposal would open door to hunting with air rifles in PA

The field is down to two.

No, not the NCAA Tournament. In this case, it's the number of states that prohibit the use of air rifles for hunting.

New Hampshire is one. The other? Pennsylvania.

According to the Pennsylvania Game Commission's 2014-15 hunting digest, it's illegal to use “air- or gas-operated rifles and handguns” for any species in any season.

A state lawmaker is making a second attempt to change that.

Good. It's not like some of us want the privilege of using a Flame Thrower or Grenade launcher.

Modern Air Rifles. We would need some sort of minimal power factor so we're not wounding animals. Analogous to the minimal requirements to hunt deer (22 center fire and up). Maybe so many feet per second on a Type Test basis.

This isn't rocket science.

[raxar]

Allow me to make the counter argument

[WhiteFeather]

Update April 21, 2015

HB 263 was voted out of Game & Fish committee 26-0 and is now on 2nd consideration for a full house vote

Read OP for background info on subject

[WhiteFeather]

Update April 21, 2015

HB 263 was voted out of Game & Fish committee 26-0 and is now on 2nd consideration for a full house vote

Read OP for background info on subject

Update April 22, 2015

HB 263 Hunting with Air or Gas Powered Weapons passed the PA house full house vote 196-0

Little back channel info from some of FOAC people that were in HBG on April 21 meeting with reps on trying to move some Other pro gun legislation before the Activist gun owners go to the 10th annual second amendment lobbying event on May 12, 2015

The discussion in Harrisburg on this bill yesterday was priceless. They word gas operated was used and several reps were laughing about this wording covering grenade launchers, etc. The discussion was hilarious!