eyesandgillz
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RE: Road Kill and permits.
2011/10/16 20:18:10
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drake,
you need to caveat your posts then. for your cliff notes to be applicable, you have to alight from a vehicle. i can walk along a road, take a seat on the guardrail, and harvest an animal if i want to as long as i did not previously alight from a vehicle (right beforehand). you might want to reread that section.
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Dr. Trout
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RE: Road Kill and permits.
2011/10/16 21:48:19
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Thanks eyes.. I was tired of explaining the law... 
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Over the Hill
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RE: Road Kill and permits.
2011/10/16 22:14:07
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Blunt force trauma- hitting it in the head with a firm, solid object, is an accepted way to dispatch deer.
OVER THE HILL Some people are like slinky's; not really good for anything, but, they bring a smile to your face when you push them down the stairs...
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draketrutta 
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RE: Road Kill and permits.
2011/10/17 09:30:38
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check subsection 2 of road hunting section I mentioned earlier.
Good luck hunting from the guardrails - if caught, the PGC will take your gun, your $, and your future hunting priveleges.
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eyesandgillz
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RE: Road Kill and permits.
2011/10/17 09:44:31
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ORIGINAL: draketrutta
check subsection 2 of road hunting section I mentioned earlier.
Good luck hunting from the guardrails - if caught, the PGC will take your gun, your $, and your future hunting priveleges.
WRONG, WRONG, WRONG, doubly, triply WRONG! just sayin' To help you out since I am such a nice guy, here is what it states: Road Hunting: It is unlawful to 1) hunt from a vehicle; 2) shoot at wildlife on a public road or right of way open to public travel; 3) shoot across a road unless the line of fire is high enough to preclude any danger to road users: and 4) alight from a vehicle and shoot at any wildlife until the shooter is at least 25 yards from the traveled portion of the roadway. I believe you are misinterpreting #2 above. You can not shoot at any WILDLIFE that is ON the public road or right of way open to public travel. #2 does not address the location of the hunter when he/she is firing their weapon. good luck to ya...
post edited by eyesandgillz - 2011/10/17 09:51:54
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S-10
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RE: Road Kill and permits.
2011/10/17 10:02:57
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Sounds like the disagreement is centered around weather you were headed from the vehicle or towards the vehicle at the time. Better hope there is snow on the ground so you can prove which it was.
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draketrutta
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RE: Road Kill and permits.
2011/10/17 11:42:31
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ORIGINAL: eyesandgillz
2) shoot at wildlife on a public road or right of way open to public travel;
I believe you are misinterpreting #2 above. You can not shoot at any WILDLIFE that is ON the public road or right of way open to public travel. #2 does not address the location of the hunter when he/she is firing their weapon.
good luck to ya...
As we all know, the PGC regs are written in a very convuluted manner. At times you need to be a lawyer to understand the underlying logic. Do you notice how subsection 2 does NOT STATE "Shoot at wildlife when wildlife is on a public road". The rule includes both hunter and intended target. I know a guy that got heavily fined for firing his weapon from the shoulder of a State Route Highway - no vehicle involved. He cannot get a license for 2 more years. I'm just trying to save others some possible grief. I blame the manner in which the regs are worded, they are written in a manner to purposely confuse folks. Good Luck to You Too.
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tippecanoe
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RE: Road Kill and permits.
2011/10/17 11:59:38
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if it is wounded, who cares, you arent going to get caught, pop a cap in it. if it is dead, and you want to eat it, then take it home and cut it up. if it has been dead and you want coyote bait, then take it and dump it. you arent going to get caught, and these are harmless things. im not saying go poach deer because there is a 1 in 100 chance of getting caught, i am just saying, if it is harmless, then why waste anyones time on it?
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dpms
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RE: Road Kill and permits.
2011/10/17 12:15:48
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ORIGINAL: draketrutta
I know a guy that got heavily fined for firing his weapon from the shoulder of a State Route Highway - no vehicle involved. He cannot get a license for 2 more years.
That act, by itself, is not unlawful. There is most likely alot more to the story.
My rifle is a black rifle
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Over the Hill
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RE: Road Kill and permits.
2011/10/17 13:34:21
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ORIGINAL: dpms
ORIGINAL: draketrutta
I know a guy that got heavily fined for firing his weapon from the shoulder of a State Route Highway - no vehicle involved. He cannot get a license for 2 more years.
Â
That act, by itself, is not unlawful. There is most likely alot more to the story.Â
Heard these stories too many times. If that was all to the citation, judge should be thrown out. That is a great case to appeal to common pleas. Judges don't like their cases appealed. More than likely i agree with dpms... there was more to the case.
OVER THE HILL Some people are like slinky's; not really good for anything, but, they bring a smile to your face when you push them down the stairs...
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RE: Road Kill and permits.
2011/10/17 15:55:31
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"shoot at wildlife on a public road or right of way open to public travel"
Since the digest states such a law, then it would be illegal for one to shoot from a oil or gas well road say on Pa state game lands or any other land open to public. The gas /oil companies have a right of way to service the wells. So what the digest is saying then is that you can't shoot at wildlife on the roads or you cant shoot across these roads at wildlife. Would any of you lawyers care to explain that one? Good luck to y'all .
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draketrutta
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RE: Road Kill and permits.
2011/10/17 19:24:29
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LOL - yup - just another story.
Good luck to the fella that plans to shoot from the guardrail.
"if" is a big word...
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Dr. Trout
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RE: Road Kill and permits.
2011/10/17 19:27:07
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RE: Road Kill and permits.
2011/10/17 19:50:54
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RSB
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RE: Road Kill and permits.
2011/10/18 21:25:16
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Actually it would be perfectly legal to hunt and even shoot from the edge of the road so sitting on the guardrail would be a legal hunting location. I wouldn’t suggest people get in that habit along heavily traveled roads though simply because it wouldn’t look too good for hunter image and I suspect a lot of police officers would be checking you out thinking it was illegal, even though it isn’t.
You can walk along and shoot from the road all day long provided you didn’t just alight from a motor vehicle. You just can’t shoot at game that is on a road open to public travel or across the roadway unless it is high enough to be above any vehicle that could be using the roadway. It is legal to shot on or across closed and/or gates roads such as you would frequently find on game lands or forest service roads.
For older hunters or those with physical limitations there is no reason they can’t park along a roadway where game might be sighted, park their vehicle, get a folding chair of some kind out and set it on the edge of the roadway. They are perfectly legal to have their gun loaded and to shoot from the edge of the road.
R.S. Bodenhorn
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RE: Road Kill and permits.
2011/10/19 00:29:48
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You can walk along and shoot from the road all day long provided you didn’t just alight from a motor vehicle. All roads vary in with width, some as wide as 40 ft for two way traffic. Not all roadways are paved or graveled out to maximum width so hunting the berm is not legal as is standing on any part of an undeveloped width (legal right of way). Technically the width of the road must first be known before hunting on the side of it. They vary according to how it was engineered, not necessarily what is actually there.If the barrel of the firearm is not extended past the legal width of the road then it is considered shooting "across a public road. So I guess you are wrong RSB. "Technically" just another loop hole to get busted on as I stated before that you called me on. Just admit your wrong again before you claim that no one has ever been busted on this before. Now about shooting across a gated right of way on public property. You stated this is legal. Are you sure ?
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RE: Road Kill and permits.
2011/10/19 00:49:04
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As for discharging a firearm from a vehicle with a disability permit (vehicle as a blind) one would also have to be "technically" off of the engineered "right of way roadway" not necessarily what is being used.
1) If the firearm is loaded, the vehicle shall be off the right-of-way of a public highway and shall be at a complete stop with the motor turned off.
§ 147.61. Permits for certain disabled persons to use a vehicle.
When exercising the privileges granted by a permit issued under authority of section 2923(a) of the act (relating to disabled person permits), it is unlawful to fail or neglect to comply with the following:
(1) If the firearm is loaded, the vehicle shall be off the right-of-way of a public highway and shall be at a complete stop with the motor turned off.
(2) No more than one firearm may be loaded in either chamber or magazine at one time.
(3) Only the permittee may discharge the firearm.
(4) Other provisions of the act and this part, including license requirements, that apply to hunting in general apply to hunting under this permit.
(5) This permit is subject to Federal regulations which prohibit taking migratory game birds—waterfowl, woodcock, snipe, rails, doves and gallinules—from or by use of a sinkbox, motor-driven conveyance, motor vehicle or aircraft.
(6) This permit does not authorize possession of a pistol or revolver contrary to 18 Pa.C.S. § § 101—9183 (relating to the Crimes Code).
(7) This permit is valid to hunt only during established hunting hours.
Source
The provisions of this § 147.61 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.
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dpms
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RE: Road Kill and permits.
2011/10/19 08:02:34
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ORIGINAL: Outdoor Adventures
All roads vary in with width, some as wide as 40 ft for two way traffic. Not all roadways are paved or graveled out to maximum width so hunting the berm is not legal as is standing on any part of an undeveloped width (legal right of way). Technically the width of the road must first be known before hunting on the side of it. They vary according to how it was engineered, not necessarily what is actually there.If the barrel of the firearm is not extended past the legal width of the road then it is considered shooting "across a public road. So I guess you are wrong RSB. "Technically" just another loop hole to get busted on as I stated before that you called me on. Just admit your wrong again before you claim that no one has ever been busted on this before.
The regulations are clear on this one, OA. Quit while you are losing. 
post edited by dpms - 2011/10/19 08:03:08
My rifle is a black rifle
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eyesandgillz
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RE: Road Kill and permits.
2011/10/19 09:35:46
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OA, your nits are screaming "uncle"!
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draketrutta
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RE: Road Kill and permits.
2011/10/19 16:07:44
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ORIGINAL: Outdoor Adventures
You can walk along and shoot from the road all day long provided you didn’t just alight from a motor vehicle.
All roads vary in with width, some as wide as 40 ft for two way traffic. Not all roadways are paved or graveled out to maximum width so hunting the berm is not legal as is standing on any part of an undeveloped width (legal right of way). Technically the width of the road must first be known before hunting on the side of it. They vary according to how it was engineered, not necessarily what is actually there.If the barrel of the firearm is not extended past the legal width of the road then it is considered shooting "across a public road. So I guess you are wrong RSB. "Technically" just another loop hole to get busted on as I stated before that you called me on. Just admit your wrong again before you claim that no one has ever been busted on this before.
Now about shooting across a gated right of way on public property. You stated this is legal. Are you sure ?
OA - please stop injecting facts into an interweb discussion. You are stepping on certain people's God Given Rights to richote bullets off guardrails.... Remember, only the truest of sportsmen shoot from the pavement...
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RE: Road Kill and permits.
2011/10/19 16:07:58
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I don't think so guys . Care to explain what the legal width of a road is then ???????
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Dr. Trout
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RE: Road Kill and permits.
2011/10/19 17:47:27
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Who cares === I'm sitting by my truck parked beside travelled portion of the road looking into the woods......I'm not allowed to shoot across the road .. so why would I care how wide it is ?????
post edited by Dr. Trout - 2011/10/19 17:48:18
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RE: Road Kill and permits.
2011/10/19 18:04:18
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ORIGINAL: Dr. Trout
Who cares === I'm sitting by my truck parked beside travelled portion of the road looking into the woods......I'm not allowed to shoot across the road .. so why would I care how wide it is ?????
I expected no less from you Trout.
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Esox_Hunter
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RE: Road Kill and permits.
2011/10/19 18:12:21
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ORIGINAL: Outdoor Adventures
I don't think so guys . Care to explain what the legal width of a road is then ???????
Municipalities should have minimum cartway widths specified in their ordinances, which will depend on its designated use. I am not sure PENNDOT has regulated cartway widths, but they do have guidance documents available on the subject. I am not sure how this applies to the matter of hunting from the road though. A public road is a public road, whether it is 16' wide or 50' wide.
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RE: Road Kill and permits.
2011/10/19 18:34:58
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ORIGINAL: Esox_Hunter
ORIGINAL: Outdoor Adventures
I don't think so guys . Care to explain what the legal width of a road is then ???????
Municipalities should have minimum cartway widths specified in their ordinances, which will depend on its designated use. I am not sure PENNDOT has regulated cartway widths, but they do have guidance documents available on the subject.
I am not sure how this applies to the matter of hunting from the road though. A public road is a public road, whether it is 16' wide or 50' wide.  Â
You are right. Fact I was making that just because you may think your off the road you may not be. It all depends on what width the road is on paper. This also applies to the opposite. When pulling off a road one may think they are still on a public road berm when in fact you could be on private property. My point from the very beginning was that just because some one said its legal to sit on the berm or guiderail, that makes it legal to discharge a firearm when in fact you must know the determined legal width of the road first technically speaking. Like the PGC always states, you must know your surroundings. Do local ordinances permit one from shooting roadside RSB ?
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Esox_Hunter
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RE: Road Kill and permits.
2011/10/19 20:13:24
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I understand what you're saying now.
Regardless of what the law states, if it were me I would just stay off of the roadways to avoid the confrontation. Local cops would certainly give you a hard time if you were hunting off of a guard rail.
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MuskyMastr
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RE: Road Kill and permits.
2011/10/20 10:05:37
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Which is the problem, If you intend to enforce the law, then know it. I think that is a fairly simple plan.
Better too far back, than too far forward.
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eyesandgillz
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RE: Road Kill and permits.
2011/10/20 11:51:31
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Never said I would be one to hunt in that fashion but, on this site and several others, multiple WCOs have all given the same answer.
If you want to beat the horse to a pulp then so be it.
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RE: Road Kill and permits.
2011/10/20 18:03:36
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My point I always try and make is that there are always loop holes in poorly written laws and regs. Not all WCO's and cops are Diks but there are a fair share of them. Don't take anything for granted, Know every aspect of the law when in doubt. Call me a basher or what ever but I speak the truth and tell it like it is.
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