Promised Land State park OC confusion !

[Daycrawler]

Ill try and keep a long story short.

I was OC in Promised Land State park sitting on a park bench. This Bench is on our leased land by our Cabin. While sitting on the bench a lady stopped in the road and we began to talk. I walked over to her in the road. While talking to her, the park Ranger, specifically the Chief stopped. I said good bye to the Lady and she continued down the road.

The Ranger and I then begin to talk. While talking he says (this is not word for word) You know that you cant OC in the park? I then asked what about on my leased land. He said no, not on the leased land. I then asked about the preemption law. He then made a reference to Federal Parks. This confused me even more because I know OC is legal in Gettysburg. I said ok Ill cover up! He then drove off.

I talk to the rangers on a regular basis, almost every time I stop at my Cabin. Earlier in the day I spoke to two Rangers riding together. Neither said anything about the OC. This was also in front of my Cabin.

So I did some reading and didn't want to NECRO a 2011 thread on PA State parks, that may or may not have current valid information.

I am confused as to who is right me or the Chief. Is the DCNR not a Commonwealth agency? Can the DCNR regulate the Legal activity of OC?

(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.

(n) Definition.--As used in this section, the term "licensee" means an individual who is licensed to carry a firearm under this section.

(Apr. 17, 1986, P.L.82, No.28, eff. Jan. 1, 1987; Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.; Apr. 22, 1997, P.L.73, No.5, eff. 60 days; June 18, 1998, P.L.503, No.70, eff. imd.; Nov. 10, 2005, P.L.335, No.66; Oct. 17, 2008, P.L.1628, No.131, eff. 60 days; June 28, 2011, P.L.48, No.10, eff. 60 days)

[gghbi]

Not necroing the 2011 thread is a good idea, but a link might be helpful.

[Statkowski]

Long story short - Yes, state law now says that Commonwealth agencies cannot regulate firearms. However, 17 Pa. Code § 11.215 has yet to be amended to reflect the change in state law. So, OCing in a state park is still illegal, but isn't, and a park ranger can still cite you, even though he can't.

Second, don't confuse the rules of a federal park (Gettysburg) with a state park (Promised Land). Two different government entities, two different laws.

[PAMedic=F|A=]

Long story short - Yes, state law now says that Commonwealth agencies cannot regulate firearms. However, 17 Pa. Code § 11.215 has yet to be amended to reflect the change in state law. So, OCing in a state park is still illegal, but isn't, and a park ranger can still cite you, even though he can't.

Second, don't confuse the rules of a federal park (Gettysburg) with a state park (Promised Land). Two different government entities, two different laws.

i

To be fair to the OP, he did not confuse Commonweath & Federal law. The ranger did.

[Big Kahuna 19547]

The state after passing the preemption law created several conflicts with other state laws. The State Parks law on OC is just one. There are also several other state agencies that still believe they have the legal right to regulate firearms on their grounds, buildings, campuses, or other state property. Unfortunately it will remain a gray area as to whether they can do it legally or not until someone gets arrested. Then the courts will decide whether preemption truly applies to the conflicting laws.

I personally do not want to be a test case, and I do not trust the court to do the right thing. Their decision in McKown shows me how they would probably rule and it isn't in my favor...

[Daycrawler]

Sorry I did not get back sooner, its been a long day. I don't want to be a test case either. The next time I return to Promised land Ill try and find the Chief and ask him to cite the violation.

[Remington788]

Sorry I did not get back sooner, its been a long day. I don't want to be a test case either. The next time I return to Promised land Ill try and find the Chief and ask him to cite the violation.

I would expect he will point to this. http://www.dcnr.state.pa.us/cs/group...t/d_001192.pdf
Page 14
Section 11.215(4).

[Mitch10mm]

I'm going to start carrying my G19 in a nano gun vault in a fanny pack for all those that say "just carry concealed" and offer pointers on concealing properly.
One slot above a fudd

[Daycrawler]

I walked in the area of the beach OC a week ago over go the lake store and back. No issues. A ranger passed us twice near the parking area.

That's good to hear!

I'm going to start carrying my G19 in a nano gun vault in a fanny pack for all those that say "just carry concealed" and offer pointers on concealing properly.
One slot above a fudd

Ill look that up it sounds interesting.

[jim-analog]

Greetings,

Still trying to get to the bottom of this. If I recall correctly, one of the alleged "laws" against OC had to do with a subsection of PA GAME LAW. I had the opportunity to speak to the local PA Game Conservation Officer and discuss this. Her reply was that the State preemption absolutely prohibited GAME officers from interfering with ANY type of carry in State Parks. She suggested that I discuss with the Parks Dept, which I intend to do soon as I can.

So, to anyone who has had an adverse encounter, do you know if it was a GAME or PARK ranger? Please let me know so I can have more accurate info for the discussion. Thanks!

Regards, Jim