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Chatted with open carrier in state park.
#1
I was out doing some geocaching and gear testing today, in the linn run/laurel summit area today, and came across an open carrier on the way to wolfs rocks.

He and his girlfriend appeared to be in their early 20s.

He said that his parents have seen mountain lion activity in the area, so wanted to be safe. I said that I couldn't blame, but I warned him that though open carry in state parks appears to be legal, that it is still questionable, and he should watch out for rangers who may not know all of the laws.

Is open carry in a state park still an open question?

Jusitn
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#2
I believe that the latest is that a strict reading of the statutes says it is legal because of preemption, that state agencies cannot have rules and regulations that run in conflict of the statutes.

The problem is that, to my knowledge, there has been no acknowledgment of this from any authority.
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

William Pitt
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#3
Yeah, that's pretty much what I told him.

Justin
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#4
Curmudgeon;108929 Wrote:I believe that the latest is that a strict reading of the statutes says it is legal because of preemption, that state agencies cannot have rules and regulations that run in conflict of the statutes.

The problem is that, to my knowledge, there has been no acknowledgment of this from any authority.

Agreed, and no known enforcement/citation for OCers in state parks, so there's no court ruling to lean on (yet).
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#5
gnbrotz;108935 Wrote:
Curmudgeon;108929 Wrote:I believe that the latest is that a strict reading of the statutes says it is legal because of preemption, that state agencies cannot have rules and regulations that run in conflict of the statutes.

The problem is that, to my knowledge, there has been no acknowledgment of this from any authority.

Agreed, and no known enforcement/citation for OCers in state parks, so there's no court ruling to lean on (yet).

I seem to recall you sending several mails or letters to, was it DCNR, about this, and never getting an answer.
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

William Pitt
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#6
You didn't tell him there aren't any mountain lions in PA?
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#7
Curmudgeon;108937 Wrote:
gnbrotz;108935 Wrote:Agreed, and no known enforcement/citation for OCers in state parks, so there's no court ruling to lean on (yet).

I seem to recall you sending several mails or letters to, was it DCNR, about this, and never getting an answer.

Chazman and I both sent letters to DCNR, I think over a year apart. Both responses merely focuses on the publicized changes to CD/SYG, and completely ignored the applicable language that was clearly spelled out for them. I believe there was also a state rep that was "looking into it", but still no new information in either direction.
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#8
I've open carried a few times last summer and this summer, at both Lackawanna and Gouldsboror state parks. I know for a fact a ranger saw me last year, but he said nothing. I've called the DCNR office, and got nowhere.
Unbanned since September 2012.
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#9
jahwarrior72;108945 Wrote:I've open carried a few times last summer and this summer, at both Lackawanna and Gouldsboror state parks. I know for a fact a ranger saw me last year, but he said nothing. I've called the DCNR office, and got nowhere.

You're not the droid they're looking for. Rolleyes
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

William Pitt
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#10
Open carry is contrary to PA State Park regulations.

Yes, it's a preemption violation.

No, they haven't backed down yet.

I have been working with staffer Doug Zubeck in Pennsylvania State Senator Chuck McIlhinney's office for more than a year to get the DCNR to amend their regulations to be compliant with state law.

In essence, they're choosing to drag their feet and stonewall.

As of this writing, if you OC in a PA state park, you are subject to becoming the "test case" at great expense to yourself (don't expect the NRA to even donate your annual dues back to your defense fund).

Sorry not to have better news. It's not for lack of trying.
gascolator, proud to be a member of pa2a.org since Nov 2012.
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