DCNR v.s. Fish & Boat Commission

**Fraggle09027** · September 6th, 2008, 04:46 PM

Clearly DCNR does not want people to carry at all on there property. However the Fish and Boat Commission states:

The carrying or use of firearms on Fish & Boat Commission properties is prohibited except while lawfully hunting or trapping. This does not apply to those individuals licensed to carry firearms under 18 Pa. C.S. 6109 (licenses) or those individuals authorized to do so in conformance with 18 Pa. C.S. 6106 (firearms not to be carried without a license).

Source:

http://www.fish.state.pa.us/fishpub/...cproperty.html

So, with fish and game checking fishing licenses and boat licenses at Hickory Run and Beltsville would you read that as one can carry since this clearly opposes DCNR's regulation?

**tl_3237** · September 6th, 2008, 05:29 PM

Assuming that you are in state parks under DCNR its illegal. The F&B exemption only applies to the F&B rules. It does not supercede separate DCNR rules.

**ihunt49** · September 6th, 2008, 06:18 PM

The F&B Commission does own lakes and waterways in the state. They are not state parks, therefore, you are allowed to carry.

The carrying or use of firearms on Fish & Boat Commission properties is prohibited except while lawfully hunting or trapping. This does not apply to those individuals licensed to carry firearms under 18 Pa. C.S. 6109 (licenses) or those individuals authorized to do so in conformance with 18 Pa. C.S. 6106 (firearms not to be carried without a license).

**tl_3237** · September 7th, 2008, 02:02 PM

Originally Posted by ihunt49

The F&B Commission does own lakes and waterways in the state. They are not state parks, therefore, you are allowed to carry.

The OP specifically asked about Hickory Run and Beltzville both of which are state parks under DCNR as are 115 other state parks.

If you are on property controlled EXCLUSIVELY by F&B then you are OK but if in getting there you enter into/onto any portion of a state park (land or water) then you are in violation of 017 Pa Code §11.215 .

F&B doesn't own property/waterways pursuant to 30 Pa C.S.A. §726.

**XD40coyote** · September 7th, 2008, 06:34 PM

Can anyone tell me what you do with your loaded gun after driving into a st park? Just take it off while in your vehicle, and put in a gun case? Can you wear it while staying in your vehicle with your ltcf or other carry lisc, if you are just driving around?

**tl_3237** · September 7th, 2008, 08:04 PM

Originally Posted by XD40coyote

Can anyone tell me what you do with your loaded gun after driving into a st park? Just take it off while in your vehicle, and put in a gun case? Can you wear it while staying in your vehicle with your ltcf or other carry lisc, if you are just driving around?

017 Pa Code§ 11.215. Weapons and hunting.
The following activities are prohibited without written permission of the Department:

(4) Possessing an uncased device, or uncasing a device, including a firearm, archery equipment or slingshot, that is capable of discharging or propelling a projectile, except as provided in paragraph (2) or (7), or except in the owner’s building on a leased campsite, in the owner’s residence, or in the owner’s vehicle or trailer.
(5) Failing to keep a device, including a firearm, archery equipment or slingshot, that is capable of discharging or propelling a projectile, in the owner’s building on a leased campsite, in the owner’s residence or in the owner’s vehicle or trailer.

http://www.pacode.com/secure/data/01...1/s11.215.html

I can find nothing that precludes you from keeping a firearm loaded in the vehicle if you have a LTCF or similar license. DO NOT get out of the vehicle with the firearm. IANAL

**Dredly** · September 7th, 2008, 08:08 PM

yeah its one of those "you may be okay but do you want to risk it" situations. Hopefully the law passes to allow the carrying of weapons on state park land as its stupid not to allow it.

More then likely if you have a gun exposed in a state park and it isn't a rifle during hunting season I would expect issues.

**XD40coyote** · September 7th, 2008, 08:08 PM

Sounds like I did alright today then. I took the holstered gun right off the belt, holster and all, and right into a gun case, which stayed right inside the truck, all while I was sitting inside the truck. I have a FL carry lisc.

**pacrimescode5904** · September 8th, 2008, 12:23 AM

This comes up in annual training as a point of aggravation to us progun members of the DCNR which is most of the Ranger force.

Unfortunately the bug catchers (management) who aren't pro law enforcement but are even more anti gun are the ones keeping this as a point of contention.

Maybe some day it will be rectified. Unless someone really pisses me off they aren't getting arrested for carrying in "my" park.