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PA Bulletin, Doc. No. 07-1084

PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CH. 141]

Hunting and Trapping; Firearms

[37 Pa.B. 2837]
[Saturday, June 23, 2007]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 18, 2007, meeting, proposed to amend § 141.15 (relating to loaded firearm).

   The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   The proposed rulemaking was made public at the April 18, 2007, meeting of the Commission. Comments can be sent, until June 25, 2007, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1.  Purpose and Authority

   Section 2503 of the act (relating to loaded firearms in vehicles) generally prohibits persons, not otherwise authorized, from having a loaded firearm of any kind in, on or against a conveyance propelled by mechanical power. This prohibition is intended primarily to protect the safety of persons traveling within these conveyances as well as others who may be in the vicinity. Similar to the hazards associated with more traditional firearms, loaded crossbows and muzzleloaders also have the potential of causing serious injury or death to persons inside a conveyance propelled by mechanical power, as well as others who may be in the vicinity of the same, if either an intended or unintended discharge occurs. In an effort to limit the various and potential harms associated with this type of conduct, the Commission is proposing to amend § 141.15 to extend the application of section 2503 of the act to prohibit ''loaded'' crossbows or muzzleloaders in, on or against a conveyance propelled by mechanical power.

   Section 2102(a) of the code (relating to regulations) provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' The amendments to § 141.15 were proposed under this authority.

2.  Regulatory Requirements

   The proposed rulemaking will amend § 141.15 to extend the application of section 2503 of the act to prohibit ''loaded'' crossbows or muzzleloaders in, on or against a conveyance propelled by mechanical power.

3.  Persons Affected

   Persons possessing loaded crossbows or muzzleloaders in, on or against a conveyance propelled by mechanical power will be affected by the proposed rulemaking.

4.  Cost and Paperwork Requirements

   The proposed rulemaking should not result in additional cost or paperwork.

5.  Effective Date

   The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

6.  Contact Person

   For further information regarding the proposed rulemaking, contact Richard A. Palmer, Acting Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

CARL G. ROE,   
Executive Director

   Fiscal Note: 48-253. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 141. HUNTING AND TRAPPING

Subchapter A. GENERAL

§ 141.15. Loaded [firearm] firearms or devices in vehicles.

   For the purpose of enforcing section 2503 of the act (relating to loaded firearms in vehicles), the term loaded [means a firearm of any kind which has a live shell or cartridge in either the chamber or magazine.] firearm includes the following meanings:

   (1)  Any centerfire or rimfire firearm that has a live shell or cartridge in either the chamber or magazine.

   (2)  Any muzzleloading firearm that has a live charge of ammunition in its firing chamber and a primer, flash powder or a battery, which ever is applicable, properly positioned in the firing mechanism of the firearm rendering it capable of discharge.

   (3)  Any crossbow that has been cocked and has a bolt affixed onto the string or positioned into the firing mechanism of the device.

[Pa.B. Doc. No. 07-1084. Filed for public inspection June 22, 2007, 9:00 a.m.]


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