Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Nov 2010
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    Corry, Pennsylvania
    (Erie County)
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    Default case law supporting game law does not apply to target shooting

    i used to have it saved somewhere because i had done the research. Leo's often dont apply law correctly or are not lawful in thier enforcement because they are trying to use laws to cover things they dont. I practice often and even have a small range besides my house that is backed up by a 100' hill (bullets cant even travel 10 ft without hitting hill and hill runs perpendicular to direction i am shooting) i have had LEO's try to apply the state game law of 150' yards safety zone and i had pulled out case law rulings stating that game law does not apply to target shooting. does anyone have links to actual rulings that support this as my search is only giving me this one blog with some references to only one ruling. weather getting warm here has already had folks out target shooting and leo's being called for the "safety zone infractions" that people who dont know the law assume apples to all situations. yes not in city, in a township, no noise ordinances. Understood backstop with 45 degree deflection of no buildings and backstop of 100' hill and bullet cant travel further than 20 ft without hitting ground of hill.

    here is one link i found. lets not post opinions. plenty of that.. lets get case law and rulings so any of us who are threatened with 150 yard as a means to give you citation can combat with KNOWLEDGE and ACTUAL case law here in pa that proves this does not apply.

    http://www.leagle.com/decision/19934...0NEW%20BRITAIN

    http://www.pennlago.com/target-pract...-own-property/
    live to ride

  2. #2
    Join Date
    Feb 2013
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    Upper Darby, Pennsylvania
    (Delaware County)
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    Default Re: case law supporting game law does not apply to target shooting

    Quote Originally Posted by chrisjp View Post
    i used to have it saved somewhere because i had done the research. Leo's often dont apply law correctly or are not lawful in thier enforcement because they are trying to use laws to cover things they dont. I practice often and even have a small range besides my house that is backed up by a 100' hill (bullets cant even travel 10 ft without hitting hill and hill runs perpendicular to direction i am shooting) i have had LEO's try to apply the state game law of 150' yards safety zone and i had pulled out case law rulings stating that game law does not apply to target shooting. does anyone have links to actual rulings that support this as my search is only giving me this one blog with some references to only one ruling. weather getting warm here has already had folks out target shooting and leo's being called for the "safety zone infractions" that people who dont know the law assume apples to all situations. yes not in city, in a township, no noise ordinances. Understood backstop with 45 degree deflection of no buildings and backstop of 100' hill and bullet cant travel further than 20 ft without hitting ground of hill.

    here is one link i found. lets not post opinions. plenty of that.. lets get case law and rulings so any of us who are threatened with 150 yard as a means to give you citation can combat with KNOWLEDGE and ACTUAL case law here in pa that proves this does not apply.

    http://www.leagle.com/decision/19934...0NEW%20BRITAIN

    http://www.pennlago.com/target-pract...-own-property/
    Let us know what you come up with. I have never researched this because it *SO* doesn't have any bearing on me. I just did a quick look on Google Maps - there are literally 100 houses within 150 yards of my exterior walls. Just 20 feet on either side...

  3. #3
    Join Date
    Feb 2013
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    The cold, dark, void, Pennsylvania
    (Clearfield County)
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    Default Re: case law supporting game law does not apply to target shooting

    The firing line of my club's range is about 25 yards away from a house, probably within less than 100 yards of a different house.

  4. #4
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    Feb 2007
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    Bellefonte, Pennsylvania
    (Centre County)
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    Default Re: case law supporting game law does not apply to target shooting

    how close is your range to any neighbors? Can one hunt in a safety zone with permission of the owner?
    Let's go Brandon!!!

  5. #5
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    Jan 2017
    Location
    Aleppo, Pennsylvania
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    Default Re: case law supporting game law does not apply to target shooting

    Baird v. New Britain comes to mind. If I recall correctly the court determined that, paraphrasing, a range used for practice for hunting were subject to game law and game law preempted municipal ordinances while a range not for hunting practice is not and does not.

    If you had silencers this wouldn't be an issue in the first place. It's only civilized.
    NRA Benefactor

  6. #6
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    Jan 2013
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    Delco, Pennsylvania
    (Delaware County)
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    Default Re: case law supporting game law does not apply to target shooting

    Quote Originally Posted by archie19 View Post
    how close is your range to any neighbors? Can one hunt in a safety zone with permission of the owner?
    Yes.

  7. #7
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    Jul 2013
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    Mohnton, Pennsylvania
    (Berks County)
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    Default Re: case law supporting game law does not apply to target shooting

    Quote Originally Posted by nothan View Post
    Baird v. New Britain comes to mind. If I recall correctly the court determined that, paraphrasing, a range used for practice for hunting were subject to game law and game law preempted municipal ordinances while a range not for hunting practice is not and does not.

    If you had silencers this wouldn't be an issue in the first place. It's only civilized.
    So it goes by target? That's rediculios. Then again most laws are written and adjudicated by idiots.

  8. #8
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    Raccoon City, Pennsylvania
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    Default Re: case law supporting game law does not apply to target shooting

    Quote Originally Posted by archie19 View Post
    Can one hunt in a safety zone with permission of the owner?
    Yes with written permission carried on you at all times while hunting the property.
    Down here in SPA most deer are in areas that would be considered "safety zones". Some property owners are tired of the damage, lymes disease, car damage etc, some will let you archery hunt. All you have to do is look for some people with property, and ask permission, tell them the game laws.
    Heres some info:
    http://www.pgc.pa.gov/HuntTrap/Hunti...x#.VseG6PkrJhF
    Derrion Albert was my Hero.

  9. #9
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    Bellefonte, Pennsylvania
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    Default Re: case law supporting game law does not apply to target shooting

    then one should be able to target shoot within 150' of ONES own home without being in violation, no? As long as no other property owners buildings are within 150'?
    Let's go Brandon!!!

  10. #10
    Join Date
    Feb 2010
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    Levittown, Pennsylvania
    (Bucks County)
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    Default Re: case law supporting game law does not apply to target shooting

    Laws aside, common view should determine if shooting presents a hazard to others. There are probably three degrees of hazard. Real, perceived, and potential.

    An insufficient backstop or lack thereof with potential for ricochet or negligent POI is a real hazard. Adequate backstop making unwarranted bullet strike impossible reduces it to perceived and perceiver probably has onus if an ordinance or law does not pertain.

    Interesting that a court drew a line between target practice and hunting practice. Sounds reversible to me.

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