Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Apr 12, 2014 19:56:49 GMT -5
Today I saw a man open carrying a pistol at marsh creek today. I told him as a heads up you can't open carry at state parks. He was furious that I told him this and argued likewise. I told him I am pro gun and also carry, I just didn't want him to get cited. As I walked away he called me some not so nice names.
I've seen a few other people carrying at state parks recently. So I figured I would post this. A "recent" change to statute makes it illegal for PA Park system to prohibit it.
18-6109 (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.
BUT the DCNR does not recognize this and still upholds the ban on open carry. It is stated on all of the state park sites I checked: "law enforcement officers and individuals with a valid Pennsylvania License to Carry Firearms are authorized to carry a firearm concealed on their person while they are within a state park."
My position on open carry doesn't matter. I just figured I might prevent someone from getting in a bind. Other than that rude guy it was a beautiful day to be out fishing.
|
|
|
Post by Marsh Creek Staff on Apr 16, 2014 10:37:12 GMT -5
Open carry in a state park is still illegal unless it is a gun used for hunting or target shooting in areas that that activity is permitted and the weapon being carried is legal for that use. Concealed carry with the proper permit is allowed in state parks. This is supported by House Bill 1845 the law is title 17 11.215 (4) This message is not ment to start a debate or represent any 1 persons position. It is jsut what the law currently reads for state parks and information to you all
Title 17 ยง 11.215. Weapons and hunting. The following activities are prohibited without written permission of the Department: (1) Hunting, pursuing or intentionally disturbing woodchucks, also known as groundhogs. Paragraph (2) does not apply to this activity. (2) Hunting, pursuing or intentionally disturbing wildlife unless: (i) The person engaging in the activity is licensed by the Game Commission to hunt and is engaged in hunting in accordance with the Game and Wildlife Code. (ii) The activity takes place in an area designated by the Department for hunting. At Presque Isle State Park, waterfowl hunting may take place only from a facility designated by the Department as a waterfowl blind, and shooting shall be directed away from State park land and over the adjacent waters. (iii) The activity takes place during hunting season as established by the Game Commission. (iv) The firearm, archery equipment or other device used for this activity is lawful for hunting under the Game and Wildlife Code. A device operated by air, chemical or gas cylinder by which a projectile can be discharged or propelled is not lawful for hunting under the Game and Wildlife Code. (3) Using 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). (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.
|
|
|
Post by backpain on Apr 25, 2014 11:06:02 GMT -5
What is the grounds for the state parks to seemingly ignore the other stated law? I'm not a lawyer nor am I looking to start an argument, but as a law abiding citizen I am totally confused as to my rights. I think often times so are many law enforcement agencies and officers.
FYI I have no clue if the above cited law is even in fact legit. I am just asking because of so many seemingly conflicting laws.
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Apr 25, 2014 14:49:20 GMT -5
You are correct backpain. They are ignoring state law. Title 18 PA CS 6109 M3 was amended in 2011 and reads how I posted it. It will take a court case to change the DCNR's mind unfortunately. I agree it is confusing. I am constantly reading and trying to interpret the laws so I don't accidently commit any crimes while exercising my "rights". PAFOA is a good source for PA gun law and has a forum. I hope Gordon's doesn't mind me mentioning another message board.
18 Pa CS 6109(m.3) Construction.--Nothing in this section shall be construed to:
(2) Authorize any Commonwealth agency to regulate the possession of firearms in any manner inconsistent with the provisions of this title.
|
|
|
Post by shellback on Apr 25, 2014 15:03:59 GMT -5
Not sure why you would want to open carry? Personally I think you are advertising for trouble. I have a permit, and see no reason to look for trouble.
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Apr 25, 2014 18:38:35 GMT -5
Not sure why you would want to open carry? Personally I think you are advertising for trouble. I have a permit, and see no reason to look for trouble. I generally don't. Sometimes when fishing because it's more comfortable. I prefer to conceal in most cases so I can't debate you on that. I guess they see it as a deterrent. Anyone you do see open carrying has a license too. Unless they walked there. If they are following the law of course.
|
|
|
Post by johnnotkathi on Apr 26, 2014 6:38:44 GMT -5
I am a recent transplant here in PA - have there been incidents at Marsh Creek that would lend one to want to be armed? Are there critters that are a threat (other than muskies!!)?
Just curious.....
|
|
|
Post by panfishin on Apr 26, 2014 11:58:09 GMT -5
No john there isint,,,I think its like a new thing to do to show pride in your 2nd amendment rights,and that's fine with me if you want to do it I guess, im pro gun but personally im not going to start doing that,,,first off id be afraid some paranoid cop would shoot me on site as soon as he seen the weapon. they emptied about 4 mags on an unarmed pizza delivery guy in phila the other day.,,,, no I don't think I need my firearm at marsh creek,,,if the muskeys start getting that big,, ill bring the bang stick and the flying gaff,lol
|
|
|
Post by hickorylarge on May 13, 2014 13:55:28 GMT -5
Yeah I'd be scared of getting shot by the police too. And god forbid there ever is an incident, the dude who's obviously open carrying a firearm is going to be the first suspect. I am all about carrying guns, but you need to be smart about that, it just takes a couple dumb people to ruin it for everyone.
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on May 13, 2014 15:01:40 GMT -5
Why would open carry make you a suspect for anything? Why would it ruin it for everyone? I would think the hundreds of gun crimes in philly each year would be more of an issue to affect gun law than a guy legally carry and fishing.
I don't think I need it at marsh creek either but I'll have it just in case. I wonder how many people have said they don't need it and wished they'd had it?
|
|
|
Post by rick99 on May 13, 2014 15:22:43 GMT -5
Being an ex police officer in Philly and pro gun, I look at people that open carry as waving a BIG sign " HEY LOOK I HAVE A GUN". Some do it as a deterrent and some think that open carrying makes them look tough. I do not like or support open carry at all and feel all guns should be concealed.
|
|
|
Post by hickorylarge on May 13, 2014 16:36:37 GMT -5
LEGALLY carrying and fishing is one thing, open carry ins't exactly legal at MC. How will it ruin it for everyone? It only takes one person to complain that someone had a handgun near the playground or something and the rangers will take notice and start citing people. It is kind of grey area though, but it does say on the MC website that firearms can only be uncased in authorized hunting areas during hunting season, or concealed on your person, and I seem to remember seeing a sign that read something to that affect too. I guess it really will just ruin it for those who open carry. I'm not trying to argue with anyone here, I am pro gun, just make sure you are following the rules.
|
|
|
Post by panfishin on May 14, 2014 7:16:05 GMT -5
i think if I was going a gun any place it would be consealed. 1. it would keep the paranoid over reactive cops from freaking out. 2. if there is some nut job that's about to go postal and he sees you are armed, guess whos getting shot first. YOU. the only way you would know I had my pistol if something went bad would be when you heard it go off.
|
|
|
Post by park girl on Oct 8, 2015 22:55:15 GMT -5
What is the grounds for the state parks to seemingly ignore the other stated law? I'm not a lawyer nor am I looking to start an argument, but as a law abiding citizen I am totally confused as to my rights. I think often times so are many law enforcement agencies and officers. FYI I have no clue if the above cited law is even in fact legit. I am just asking because of so many seemingly conflicting laws. State parks are on the same level as Philadelpia so they have the right to enact stricter rules
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Oct 9, 2015 2:31:44 GMT -5
Sometimes they think they do but Philadelphia does not have the right to break state law. You can conceal and open carry in the city.
|
|