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hunting during SOE
#1
I don't hunt but I have a few friends that do, and they don't have there LTCF's. Some hunt private property and some on SGL's. Does being in a SOE effect them being able to transport or hunt with rifle on SGL's or private property?
6speed, proud to be a member of pa2a.org since Sep 2012.
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#2
6speed;32786 Wrote:I don't hunt but I have a few friends that do, and they don't have there LTCF's. Some hunt private property and some on SGL's. Does being in a SOE effect them being able to transport or hunt with rifle on SGL's or private property?

It's legal, all they have to do is read the statute...

Quote:18 Pa.C.S. § 6107. Prohibited conduct during emergency.
(a) General rule.--No person shall carry a firearm upon the public streets or upon any public
property
during an emergency proclaimed by a State or municipal governmental executive unless
that person is:
(1) Actively engaged in a defense of that person's life or property from peril or threat.
(2) Licensed to carry firearms under section 6109
(relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be
carried without a license).

Found here: http://www.pa2a.org/wiki.php?wid=25

.
“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
Also look at the exceptions under 6106(b), hunting is one of them. I would advise them to drive straight to the place of hunting and straight home though. Do not leave the gun in the vehicle while just driving around, etc.
blaster668, proud to be a member of pa2a.org since Sep 2012.
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#4
Also: check the statutory definition of "firearm" that applies here. In sec. 6102, it is defined as:

Quote:Subject to additional definitions contained in subsequent provisions of this subchapter which are
applicable to specific provisions of this subchapter, the following words and phrases, when used in
this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them
in this section:

....

"Firearm." Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel
length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver,
rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall
be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or
cylinder, whichever is applicable.

You ought to check to see if any other definition applies to sec. 6107, of course.

As with all firearm-related legal questions, your safest course is always to hire and consult your own attorney for advice.
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#5
Johannes_Paulsen;32825 Wrote:Also: check the statutory definition of "firearm" that applies here. In sec. 6102, it is defined as:

Quote:Subject to additional definitions contained in subsequent provisions of this subchapter which are
applicable to specific provisions of this subchapter, the following words and phrases, when used in
this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them
in this section:

....

"Firearm." Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel
length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver,
rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall
be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or
cylinder, whichever is applicable.

You ought to check to see if any other definition applies to sec. 6107, of course.

As with all firearm-related legal questions, your safest course is always to hire and consult your own attorney for advice.

This is incorrect! 6107 has it's own definition of Firearm which is much broader.
blaster668, proud to be a member of pa2a.org since Sep 2012.
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#6
blaster668;32844 Wrote:This is incorrect! 6107 has it's own definition of Firearm which is much broader.

I'm sure that's quite possible, hence the reason I said:

Quote:You ought to check to see if any other definition applies to sec. 6107, of course.

Could you please provide a citation to this other definition?


ETA: Never mind, I stand corrected -- here it is in sec. 6107:

Quote: "Firearm." The term includes any weapon that is designed to or may readily be converted to expel
any projectile by the action of an explosive or the frame or receiver of any weapon.
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#7
Thanks everyone for the quick responses, I just wanted to make sure that it didn't effect anything.
6speed, proud to be a member of pa2a.org since Sep 2012.
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