Pennsylvania Firearm Owners Association
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  1. #1
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    Default Can PA State Parks Ban Carry?

    It was recently brought to my attention that DCNR can make any regulations they want so long as it's about "safety", including regulating firearms. I'm wondering if they could theoretically ban carry on state park property, or if preemption prevents that.
    I am not a lawyer

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    Default Re: Can PA State Parks Ban Carry?

    Conceal.
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    Default Re: Can PA State Parks Ban Carry?

    Quote Originally Posted by giant_g2 View Post
    It was recently brought to my attention that DCNR can make any regulations they want so long as it's about "safety", including regulating firearms. I'm wondering if they could theoretically ban carry on state park property, or if preemption prevents that.
    No. They can not.
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    "I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001

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    Default Re: Can PA State Parks Ban Carry?

    Quote Originally Posted by PAMedic=F|A= View Post
    No. They can not.
    Ok, why? I'm looking for the law or case law saying they can't.

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    Default Re: Can PA State Parks Ban Carry?

    Quote Originally Posted by giant_g2 View Post
    Ok, why? I'm looking for the law or case law saying they can't.
    Look for PA preemption.
    Gender confusion is a mental illness

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    Default Re: Can PA State Parks Ban Carry?

    Core Creek Park in Bucks had to change its signs when confronted with preemption. I watched it happen.
    There are two kinds of guns. Those I have acquired, and those I hope to.

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    Default Re: Can PA State Parks Ban Carry?

    I would have to imagine it would require legislation. And with the absence of said legislation, they can't ban guns in state parks because that's not laid out in the Uniform Firearms Act.

    https://www.legis.state.pa.us/cfdocs...hoice=suppress

    The absence of banning in state parks in there is your reference.

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    Default Re: Can PA State Parks Ban Carry?

    Quote Originally Posted by Walleye Hunter View Post
    Look for PA preemption.
    So the specific preemption clause 18 PA.C.S. § 6120 mentions municipalities and such, but no mention of state agencies like DCNR. I know there were some issues around other agencies like Penn DOT and the gaming commission (casinos) banning carry that were overturned. I'm wondering what the difference is for DCNR being able to regulate the use of firearms.

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    Default Re: Can PA State Parks Ban Carry?

    Quote Originally Posted by jthrelf View Post
    I would have to imagine it would require legislation. And with the absence of said legislation, they can't ban guns in state parks because that's not laid out in the Uniform Firearms Act.

    https://www.legis.state.pa.us/cfdocs...hoice=suppress

    The absence of banning in state parks in there is your reference.
    Then how can DCNR restrict the use of centerfire and rimfire rifles and handguns? In the case of handguns, they should fit the strict definition of "firearm". Or does the law only protect specific uses, like self defense (didn't see that restriction in the law)?

  10. #10
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    Default Re: Can PA State Parks Ban Carry?

    Quote Originally Posted by Bang View Post
    Core Creek Park in Bucks had to change its signs when confronted with preemption. I watched it happen.
    When was that? I used to carry while mountain biking there and never saw any signs. Ok, maybe I didn't look for any signs is more accurate.

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