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carry in a national park

mrjam2jab

Regular Member
Joined
Apr 26, 2009
Messages
769
Location
Levittown, Pennsylvania, USA
imported post

spencer280 wrote:
the sheriffs office. it's like 20 - 25 bucks and it last 5 yrs. . not much to ensure that your legal. its better that the other way

Gotchya. I thought you had one of those sheriffs that wasn't charging enough :p

Armstrong County...$26. $1 above legal....not bad compared to my county..:shock:
 

lockman

State Researcher
Joined
Aug 19, 2006
Messages
1,193
Location
Elgin, Illinois, USA
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I must ask the following:

Why is a state park not the same unified (preempted) rules as are applied to the rest of the national and local parks and recreation areas?
 

virginiatuck

Regular Member
Joined
Feb 5, 2009
Messages
787
Location
Loudoun County, Virginia, USA
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lockman wrote:
I must ask the following:

Why is a state park not the same unified (preempted) rules as are applied to the rest of the national and local parks and recreation areas?
Pennsylvania's preemption statute, 18 Pa.C.S.A Sec. 6120 states:
(a) General rule.--No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.

I do not believe the PA DCNR falls under that umbrella; it is an administrative department in the executive branch of the Commonwealth, not a county, municipality, or township.

I also think the authority to regulate the carrying of firearms in state parks is granted somewhere within 71 P.S. Sec. 1340.101 et seq. I haven't read the entire act, so I don't know specifically where it is. That act, the Conservation and Natural Resources Act, is specifically referred to in 18 Pa.C.S.A 6109(m.2) which furthers my suspicion that it is the source of the DCNR's power to regulate the carrying of firearms.

"National and local parks and recreation areas" are not under the jurisdiction of the DCNR. National parks are under the National Parks Service; local parks and such are under local counties, municipalities, or townships.
 

mrjam2jab

Regular Member
Joined
Apr 26, 2009
Messages
769
Location
Levittown, Pennsylvania, USA
imported post

stolen from the folks at PAFOA


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CC is required in state parks because the DCNR regulation against firearm possession was not repealed. It was only partially preempted by:


Quote: 18 Pa CSA 6109(m.2) Inconsistent provisions.--Notwithstanding the provisions of section 7506 (relating to violation of rules regarding conduct on Commonwealth property), 75 Pa.C.S. § 7727 (relating to additional limitations on operation) or the act of June 28, 1995 (P.L. 89, No. 18), [FN3] known as the Conservation and Natural Resources Act, and regulations promulgated under that act, a firearm may be carried as provided in subsection (a) by:

(1) a law enforcement officer whose current identification as a law enforcement officer shall be construed as a valid license to carry a firearm; or

(2) any licensee. Thus a licensee could carry in state parks provided that carry is in accordance with subsection (a) which states:

Quote: (a) Purpose of license.--A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle throughout this Commonwealth. If you are OCing then you are NOT carrying IAW subsection(a) and hence the preemption does not attach; it does if you are CCing.

The result is that OC remains a violation of DCNR regulations but CC, as well as vehicle transport, by licensed individuals in State Parks is protected by state statute.
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