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Thread: OC Encounters w/ WCO's

  1. #1
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    OC is of little value if your weapon isn't loaded. I was recently re-reading the hunting reg's & began to wonder how you reconcile the OC reg's w/ the Game Commission's.....


    13 PA C.S. Sec. 2503. Loaded firearms in vehicles.
    (a) General rule. - Except as otherwise provided in this title, it is unlawful for any person to have a firearm of any kind in or on or against any conveyance propelled by mechanical power or its attachments at any time whether or not the vehicle or its attachment is in motion unless the firearm is unloaded.
    (b) Exceptions. - This section shall not be construed to apply to:
    • (1) A police officer engaged in the performance of his official duty.
      (2) A commission officer engaged in the performance of his duty.
      (3) A person carrying a loaded pistol or revolver when in possession of a valid firearms license issued by the chief or head of any police force or the sheriff of a county when the license is issued for protection under 18 Pa.C.S. Ch. 61 Subch. A (relating to Uniform Firearms Act).
      (4) Any person as defined in section 2121(c) (relating to killing game or wildlife to protect property) while on lands they control and when not hunting or trapping for game or wildlife.
      (5) Any motorboat or other craft having a motor attached or any sailboat if the motor has been completely shut off or the sail furled and its progress therefrom has ceased.

      (6) Any political subdivision, its employees or agents, which has a valid deer control permit issued under section 2902(c) (relating to special categories of permits).
    The exceptions in paragraphs (1) through (5) of this subsection do not apply when attempting to locate game or wildlife with an artificial light or when exercising any privileges granted by this title which may be exercised only when not in the possession of a firearm.

    (c) Penalty. - A violation of this section is a summary offense of the fourth degree if the vehicle is in motion. Otherwise the violation is a summary offense of the fifth degree.


    Wildlife Conservation Officers (WCO's) have a vastly different mandate & standard of probable cause than traditional LEO's. They can enter onto anybody's property, & search any vehicle if they believe game laws are being broken.


    In light of the AG's recent reiteration of the legality of OC, I wonder if it will have any effect on the Game Commission. It seems to me that Ortiz v. Commonwealth & 13 PA C.S. Sec. 2503 contradict each other.

    Anybody know of any occurrances of OC conflicts w/ WCO's where the citizen wasn't hunting?




    Doc

  2. #2
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    there's a good thread about this here....



    http://www.pafoa.org/forum/hunting-2...e-hunting.html

  3. #3
    State Researcher
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    doc390 wrote:
    In light of the AG's recent reiteration of the legality of OC, I wonder if it will have any effect on the Game Commission. It seems to me that Ortiz v. Commonwealth & 13 PA C.S. Sec. 2503 contradict each other.
    No contradiction. You can not carry a loaded handgun openly in a vehicle in PA without a LTCF [see Title 18 ยง6106]

    You'll see that exception #3 of 13 PA C.S. Sec. 2503 that you posted above says the exact same thing


  4. #4
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    You're right.... it's a great discussion on the subject.

    Thanks!

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