CCW in PA During Hunting Season?

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Scott Free

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I don't hunt, but do spend a great deal of time in the woods year 'round. Recently I've come across a couple of mentions that it is only legal to CCW a revolver suitable for hunting in the woods in PA whether one is hunting or not. As I understand it, this is a new law. Anyone know the facts?
 
This a very grey area in PA. And there is pretty much no printed information in plain English to be found. As far as I know there is no new law. It's always been a grey area and one that concerns me enough to not carry a semiauto pistol while actively hunting. I have looked quite a bit for an answer. Worse part is that you get different answers from different LEOs.


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Worse part is that you get different answers from different LEOs.
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Sure, but to be fair, that's the case with pretty much ANY law regarding lawful carrying of weapons. Few officers actually know the laws clearly because they simply don't have to deal with them very often.

I see nothing in the PA UFA that changes the definitions of what "Firearm(s)" your permit allows you to carry based on whether hunting season is in or out.

Is this some PA Game Commission rule?
 
PA Title 34 Game and Wildlife Code says this:

Sec. 2525. Possession of firearm for protection of self or others.
(a) General rule.—It is lawful for a law enforcement officer or any person who possesses a valid license to carry a firearm issued under 18 Pa C.S. Section 6109 (relating to licenses) to be in possession of a loaded or unloaded firearm while engaged in any activity regulated by this title.

(b) Construction.
(1) This section shall supersede any prohibition on the possession of firearms or ammunition contained in any other provision of this title.
(2) This subsection shall not be construed to permit the hunting or harvesting of any wildlife with a firearm or ammunition not otherwise permitted by this title.

(c) Definitions.—As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Firearm." As defined in 18 Pa C.S. §6102 (relating to definitions)."Law enforcement officer." As defined in 18 Pa C.S. §6102 (relating to definitions).
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So, what's a "firearm?"

6102 said:
"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.
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So you specifically CAN carry any handgun, or NFA Title II Short-Barreled Rifle or Short-Barreled Shotgun, regardless of hunting seasons. Title I rifles and shotguns may be prohibited, but concealable defensive weapons are specifically legal.

Sounds pretty black-and-white to me. I'd chalk this one up to the usual misinformation...
 
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That is black and white. To bad the game wardens don't even know it. PA needs to place that in the yearly hunting handout.


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I have a pal who's a Deputy WCO. If he makes it to practice on Thursday I'll run it by him and see if he'd consider this an offense, and if so, what cite he can provide for a charge.
 
So (permitless) open carry in the woods during hunting season would be a problem.
 
Sam, I've spoken to Bill about this before.


Essence is - If you are out in the woods hunting, you may not be in possession of any firearm not legal for the season. That means no concealed handguns of any type during archery or muzzleloader, or an autoloader in deer rifle or small game season, etc.

Its found within the game law.


If you don't even have a hunting license and you are merely walking in the woods for a walk, not hunting, it would be hard to make such a case. The more serious charge would be one for poaching and hunting without a license. If you're just out for a stroll, not cammied up and with all the various things hunters carry while hunting, only the most obtuse Game Warden would try to allege you are engaged in hunting.


If you are hunting, the game and hunting regulations only permit the hunter to be in possessions of weapons legal for the season.
 
Ken, how does that jibe with the game law, section 2525?

It really does seem to say, if you are hunting, and you have a LCTF, you may be in possession of any firearm that meets the definition of a "firearm" under section 6102 while out in the woods. No caliber listed or requirement that that firearm be legal for taking game.

If there's another law somewhere in the game laws that supersedes this, I haven't been able to find it.
 
Sam, I have no idea.


Back when I hunted groundhogs hard, I made sure I always had a revolver on me and not an autoloader. That must be a fairly recent change in the code because I don't remember that section.


Best bet is to ask Bill. It's guys like him who you'd wind up having to explain yourself to anyway.
 
Ken, I don't know where you are getting your information from, but it is totally wrong.

First, a person with a LTCF (license to carry firearms) can carry ANY handgun while hunting (small game, big game, turkey, archery, etc). This includes revolvers or semi-automatics. However, the person can only use that handgun if it is an allowed weapon for game that you are hunting.

Last year while deer and bear hunting I carried my Glock 26 9mm. 100% perfectly legal. I could not use my Glock to take or put down an animal, since a semi-auto is not an allowed weapon for taking game.

Second, a person can open carry in the woods without a LTCF. However, in order to transport a handgun to your area by vehicle, you would need a LTCF. If you can walk out your back door and into the woods you are good to go. But, without a LTCF you are limited in where you can transport the handgun, and going for a walk in the woods is not one of them.

And yes, you either need a range permit or a current hunting license in order to shoot at one of the public game land ranges. With your permit or license you are allowed one guest.
 
Ken, I don't know where you are getting your information from, but it is totally wrong.
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Steve, that source is a friend and shooting buddy of Ken's and mine who is a Deputy Game Commission Officer. If I can catch up with him I do plan to ask him to clarify if he thinks there is grounds to trouble someone for carrying a defensive handgun while hunting -- and absolutely to cite what law would be being broken.
 
The law posted by Sam is the law that covers carrying ANY handgun (semi or revolver) while hunting as long as the person has a LTCF.

Like I said, the change in the law allows the carrying of a handgun for defensive purposes while hunting, provided the person has a LTCF.
 
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