IS THIS A GAME LAW??????

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dpms
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RE: IS THIS A GAME LAW?????? 2010/10/27 10:27:08 (permalink)
ORIGINAL: Dr. Trout

dpms...


have you talked to any of those at the PGC that you thought you had it worked out


 
Organizing my thoughts and reviewing some of my past notes. Plan to send out some communication later this week.  Will let you know my responses. 

My rifle is a black rifle
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Dr. Trout
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RE: IS THIS A GAME LAW?????? 2010/10/27 11:18:44 (permalink)
Here's my E-mail to the law enforcement head a littlew while ago.. I'm off to work now ==

Mr Palmer..

I wanted to personally thank you for helping xxxxxxxxxxxxx give me insight into the law about field tips to unload a crossbow in a quiver while deer hunting..
It is a HOT topic on several internet sites this week... legal or not ??

I supplied the info that xxxxxxx forwarded to me and I assured him several of us are going to be knocking on the "BOC doors" to get a clear understanding on this and to have it made legal for unloading a crossbow to have one in your possession.

It is a VERY important issue...

crossbow manufactures suggest a hunter NEVER travel with a cocked crossbow... most require firing the bow to unload it... they suggest using a field tip to do that and fire it into soft ground..

If for no other reason than safety I would hope the PGC would support that suggestion...


I tried using a broadhead to unload and all that did was when I pulled it out of the ground the blades were gone, now it too was no better than a field tip.

others have suggested having a broadhead on the bolt ..then when I finish hunting take the broadhead off put on a field tip and unloaded .. then switch back and put the field tip in my pocket.. sounds great except.. it's like asking to cut ones finger while doing that switching back and forth in the woods..

I am new to the world of crossbows and supported them being included in archery season.. It allows me at 65 to continue to enjoy whitetail hunting in better weather than in rifle season usually...The power in a crossbow is very impressive and I can not image an accident while carrying one loaded...

My personal problem is ==

one local WCO states he will not charge anyone for having a field tip to unload a crossbow ... BUT I do not hunt his district... the other local WCO has told me I can not have a field tip while deer hunting PERIOD... compound or crossbow..

I thank you for the blunt tip suggestion and will do just that, and if charged.. I guess I'll see him in court ..

can't believe I just said that.... never in 65 years have I dreamed of doing something that would have me end up in a court ?????


Thank You for you time
Sincerely,

Dave Stotler
"Dr. Trout"
http://outdoorworld.proboards.com
post edited by Dr. Trout - 2010/10/27 11:19:03
#32
dpms
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RE: IS THIS A GAME LAW?????? 2010/10/27 12:13:12 (permalink)
Just shot three emails out.  Will see where it goes.
 
Thanks for the help, Doc. 

My rifle is a black rifle
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RE: IS THIS A GAME LAW?????? 2010/10/27 12:34:22 (permalink)
This is the answer I got directly from Harrisburg this morning. And while the information was passed from the pgc to a commissioner to me, I am not permitted to print the source's name. Let me say that there is no higher authority regarding game law....


"The answer to the first question is yes, field tips are technically prohibited from being in possession while big game hunting because the definition of hunt in T-34 102 includes a very broad definition of hunting as calling, stalking, lying in wait, etc. . While I believe most WCO’s would not cite anyone for that technical violation without some indication that the field tip was being used to illegally hunt big game with, most WCO’s are also cautious in answering a legal question and will provide the technically legal correct answer. Some WCO’s may answer the question from their personal perspective that they would not enforce that technicality if they believed the field tip bolt was only being used for unloading, however possession of one while hunting big game is a technical violation.



In regards to the question on baiting there are several factors used to determine what area may be posted, if we decide to post an area. The primary determination is what is called the “zone of influence” of the bait. This is a variable determination based on factual determinations as to what species is involved, how much evidence of attraction and habituation to the area there is, what the surrounding terrain and habitat conditions are, how much bait is or has been placed and how long it has been there, etc.. We use the same basic standards as the USFWS does in determining the “zone of influence”. Basically however, a hard line could be drawn that any bait in a given area could influence any animal within it’s home range based on significant research findings to that effect. Obviously home ranges of bear is vastly different from the home range of deer or Turkey and therefore there may be different “zones of influence” as to which species the hunting activity to be prohibited by posting is targeting. Deer is usually the species involved and our research in PA> indicates an average influence range of 1100 meters, but we often post far less than that based upon the factual determinations listed above."


Better too far back, than too far forward.
#34
dpms
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RE: IS THIS A GAME LAW?????? 2010/10/27 13:13:38 (permalink)
I also got some positive feedback a short time ago.  I will not reveal from who, but the language of the current game laws concerning this issue will be looked into. 

Thanks to those that are assisting. 
post edited by dpms - 2010/10/27 14:04:17

My rifle is a black rifle
#35
Dr. Trout
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RE: IS THIS A GAME LAW?????? 2010/10/27 13:55:22 (permalink)
I'm at work and can not get to my e-mails..

I am so happy to see others are still "carrying the torch" forward

THANK YOU !!!

while many of us disagree on deer subjects it is satisfying to see we can come together if necessary !!!!
post edited by Dr. Trout - 2010/10/27 13:56:12
#36
DarDys
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RE: IS THIS A GAME LAW?????? 2010/10/27 14:50:03 (permalink)
Not being an archery hunter I guess my question is -- Why is that law in place in the first place?  Is it really necessary?  Are there huge numbers of archery hunters not using broadheads for deer and using field points instead?  In other owrds, what's the big deal about having a filed point in one's possession?  Please don't tell me its because if that weren't thelaw, the woods in PA would be overrun with people shooting deer with guns in archery season and then claiming they were shot with field points.

The poster formally known as Duncsdad

Everything I say can be fully substantiated by my own opinion.
#37
Outdoor Adventures
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RE: IS THIS A GAME LAW?????? 2010/10/27 15:14:43 (permalink)
Another, never ending chapter in the vague laws of the PGC. Is it illegal to carry a broadhead while small game hunting with a bow? Turkey is big game. What type of head is legal for turkey ? Has anyone ever got the same answer from multiple WCO's. I haven't. This agency needs help !!!
post edited by Outdoor Adventures - 2010/10/28 01:33:02
#38
dpms
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RE: IS THIS A GAME LAW?????? 2010/10/27 15:48:17 (permalink)
ORIGINAL: DarDys

Are there huge numbers of archery hunters not using broadheads for deer and using field points instead? 


This was brought up to me by someone within the PGC today. I will paraphrase the response  " the numbers are probably way less than in the past.  With improvements in broadhead technology and accuracy, the temptation to shoot at game with field points is lessened."  

Just food for thought.
post edited by dpms - 2010/10/27 15:58:05

My rifle is a black rifle
#39
S-10
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RE: IS THIS A GAME LAW?????? 2010/10/27 16:01:45 (permalink)
There is a bit of truth to that statement. Back in the seventies I knew two expert target archers who did just that. They would head shoot their deer with field points because they felt they were more accurate and would drop the deer in their tracks.Their skill level was waaay above mine. I know they killed some, if they crippled any they never admitted it.
#40
treesparrow
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RE: IS THIS A GAME LAW?????? 2010/10/27 21:06:30 (permalink)
A friend told me about a bow hunter years back that had a field point with him, I wasn't told why,
but what could have been a very unfortunate mistake was luckily averted. This hunter shot at a buck and missed.
Then he grabed another arrow from his quiver and made a great shot and killed the buck. He was startled by
the fact that he had mitakenly shot the buck with his field point.
One good reason not to carry a fieldpoint with you. This fellas hunt could easily ended sadly,with a mortaly
wounded deer with a poor blood trail and a very slow death.
R.S.B. This was told to me many years ago.

#41
Outdoor Adventures
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RE: IS THIS A GAME LAW?????? 2010/10/28 01:35:28 (permalink)
Whats the difference between shooting a deer or a turkey with a bow? They are both big game. What is a legal head for turkey?
#42
S-10
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RE: IS THIS A GAME LAW?????? 2010/10/28 05:26:59 (permalink)
In the recurve age way before range finders many of us carried a field tip arrow with us. We would climb a tree and shoot at a leaf or something where our shooting lane was to determine where to hold on a deer.
#43
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RE: IS THIS A GAME LAW?????? 2010/10/28 11:31:19 (permalink)
S-10, still valid today because I ain't carrying no stinkin' rangefinder in the woods with me! :-)
 
I'll continue to carry a field tip with me to stump shoot, etc. and take my chances.  If it is not nocked while I am on stand, I am not hunting with it.  Similarly, archers, or for that matter, rifle hunters, don't get fined for hunting after hours when they are walking to their stands in the pre-dawn darkness or after last light in the evenings because in the eyes of "most" reasonable, level headed, intelligent WCOs, they are not "physically" hunting because an arrow is not nocked (or the gun is not loaded).  How can I be illegally hunting with a field or blunt tipped arrow if it is not nocked? 
 
If the law stated above would specifically state "possession of a non-broadhead tipped arrow while hunting big game" was illegal, then I would stop carrying them. You wouldn't even need a lawyer to fight this one at the district magistrate, IMO. 
 
PS - Does anyone have verifiable proof of someone getting pinched for this?  Not "the WCO told me" or I heard from so and so.  I have always heard these rumors but never saw a citation someone got for this.
#44
dpms
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RE: IS THIS A GAME LAW?????? 2010/10/28 11:47:18 (permalink)
ORIGINAL: eyesandgillz
How can I be illegally hunting with a field or blunt tipped arrow if it is not nocked? 

If the law stated above would specifically state "possession of a non-broadhead tipped arrow while hunting big game" was illegal, then I would stop carrying them. You wouldn't even need a lawyer to fight this one at the district magistrate, IMO. 

PS - Does anyone have verifiable proof of someone getting pinched for this?  Not "the WCO told me" or I heard from so and so.  I have always heard these rumors but never saw a citation someone got for this.


My thoughts as well that has been expressed to those that matter.  It should be clear in the language if posession is illegal.  Just as it is with waterfowl and lead shot.

The LE Bureau sees it otherwise though so it is what it is and should be clarified so no one is charged for this needless interpretation. 
 
The Bureau of LE is to prepare some language changes for the commissioners review soon.  Hopefully this will be addressed.
post edited by dpms - 2010/10/28 11:49:15

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#45
Outdoor Adventures
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RE: IS THIS A GAME LAW?????? 2010/10/28 15:10:58 (permalink)
+1000 brother.Notice how they ignore my last two questions. It's all Bull****!!
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treesparrow
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RE: IS THIS A GAME LAW?????? 2010/10/28 16:25:57 (permalink)
I had a friend that was a WCO in the Sandy Lake area who passed away few years back.
I hunted with him and used to quiz him on some of the laws and how at times I have had to
break them. When I would start talking he would make like he had a pen and pencil and ask
when and where. Well his very wise sumation was often tempered by "there is the letter of the
law and the intent of the law", and something to the effect that a wise law inforcement officer
should be able to use sound judgement.
One time in particular I was not hunting with him. I was hunting with a friend who shot a rabbit and hit it
hard but didn't kill it. Well it got into a brush pile with what looked like a broken leg
and judging by the fur he blew off it it surely had quite a few #6s in it. I told this WCO
about dismanteling the brush pile and killing the rabbit, as it wouldn't come out by stomping.
I knew it was illegal to dismantle that brush pile.However in my mind it was morraly wrong
to leave it and go try to kill another one. He agreed with me.
As I see it in this case the powers that be and with good intentions do not want us out there
wounding Big Game with sub leathal arrows. Any nimrod with a quiver of sharp muzzy's at $$$$/12,
and one field point more than likely does not have the intent of sticking Mr. B&C with that field point.
I can't speak for my old buddy WCO but if a crossbow needs to be unloaded with an arrow, I
think I know how he would have interprited that law.
#47
bingsbaits
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RE: IS THIS A GAME LAW?????? 2010/10/28 18:23:52 (permalink)
Shouldn't be up to the WCO to make that determination...
The Law is the law...If the law sucks change it...
Leaving it to the discretion of the WCO is where they get into so much trouble..
The WCO should not be allowed to choose what they deem as good laws and bad. They were hired to uphold the Game Code verbatim Not pick and choose and only enforce what they choose...

"There is a pleasure in Angling that no one knows but the Angler himself". WB
 
 


#48
RSB
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RE: IS THIS A GAME LAW?????? 2010/10/28 20:38:56 (permalink)
ORIGINAL: Outdoor Adventures

Whats the difference between shooting a deer or a turkey with a bow? They are both big game. What is a legal head for turkey?

 
The law and broadhead requirements are the same for turkey as they are for deer. You have to have broadheads while turkey hunting also.
 
R.S. Bodenhorn
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treesparrow
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RE: IS THIS A GAME LAW?????? 2010/10/28 23:52:45 (permalink)
There are allways circumstances Bings, and legitament reasons for sidesteping the law.
I could rattle off many examples, more so with general laws than game laws.
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Outdoor Adventures
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RE: IS THIS A GAME LAW?????? 2010/10/29 01:25:59 (permalink)
I never saw the specs for the "size" of a turkey broadhead anywhere, or does it say a turkey broadhead has to the same "size" as a deer broadhead. (Type and size are not the same thing) The way it's written any "size" expandable is ok for turkey. Can you show me where it's not ?????
ORIGINAL: RSB

ORIGINAL: Outdoor Adventures

Whats the difference between shooting a deer or a turkey with a bow? They are both big game. What is a legal head for turkey?


The law and broadhead requirements are the same for turkey as they are for deer. You have to have broadheads while turkey hunting also.
 
R.S. Bodenhorn

#51
Dr. Trout
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RE: IS THIS A GAME LAW?????? 2010/10/29 09:55:22 (permalink)
on page 35 it gives the requirements for Arms & Ammunitions that are legal for turkey using a bow/crossbow.. it plainly states than the broad head has to be of a cutting edge design.. a field tip has no cutting edges...

I image since a turkey is smaller than a deer that is why there is not width requirement on the broad head ... just that it has to have a cutting edge...
#52
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RE: IS THIS A GAME LAW?????? 2010/10/29 14:36:35 (permalink)
I never mentioned a field tip for turkey. You are correct it Pliny states that the broadhead has to be of a cutting design "and that's all it says". So an expandable with a 4" or even bigger would be allowed according to the laws printed????? So many vague laws............
ORIGINAL: Dr. Trout

on page 35 it gives the requirements for Arms & Ammunitions that are legal for turkey using a bow/crossbow.. it plainly states than the broad head has to be of a cutting edge design.. a field tip has no cutting edges...

I image since a turkey is smaller than a deer that is why there is not width requirement on the broad head ... just that it has to have a cutting edge...

#53
RSB
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RE: IS THIS A GAME LAW?????? 2010/10/29 18:16:16 (permalink)
What is it that you think is vague about the regulations concerning broad heads for turkeys? It seems perfectly clear to me and is exactly the same as required for deer hunting.
 
§ 141.45. Turkey.

 (a)  Fall turkey season. 

   (1)  Permitted devices. It is lawful to hunt turkey during the fall turkey season with any of the following devices: 

     (i)   A manually operated centerfire, rimfire or muzzleloading firearm using single-projectile ammunition, except as otherwise prohibited in paragraph (2)(i). 

     (ii)   A manually operated or semiautomatic, centerfire shotgun or muzzleloading shotgun using shot ammunition no larger than #4 lead, #4 Bismuth/tin or #2 steel. 

     (iii)   A bow and arrow. A bow must have a peak draw weight of at least 35 pounds. An arrow must be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch with at least two cutting edges located on the same plane throughout the length of the cutting surface, and may not exceed 3 inches in length. 

     (iv)   A crossbow and bolt. A crossbow must have a peak draw weight of at least 125 pounds. A bolt must be equipped with a broadhead that has an outside diameter or width of at least 7/8 inch with at least two cutting edges located on the same plane throughout the length of the cutting surface, and may not exceed 3 inches in length. 

 (b)  Spring turkey season. 

   (1)  Permitted devices. It is lawful to hunt turkey during the spring turkey season with any of the following devices: 

     (i)   A manually operated or semiautomatic, centerfire shotgun or muzzleloading shotgun using shot ammunition no larger than #4 lead, #4 Bismuth/tin or #2 steel. 

     (ii)   A bow and arrow as permitted under subsection (a)(1)(iii). 

     (iii)   A crossbow and bolt as permitted under subsection (a)(1)(iv).

The entire section can be found here.

http://www.pacode.com/secure/data/058/chapter141/chap141toc.html  
 
 R.S. Bodenhorn
post edited by RSB - 2010/10/29 18:17:54
#54
Outdoor Adventures
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RE: IS THIS A GAME LAW?????? 2010/10/29 19:33:12 (permalink)
Once place it say one thing as Dr Trout pointed out and another place is says another as you pointed out. Too much confusion ! You need to spend a hour to find out a simple law. What about the poor ******* that is in the field? OK, one more thing. I think a property owner might have a feeder but I don't know for sure. He is not available to ask. His property is posted. What is the "set distance" that I can hunt off his property from where I suspect a feeder is out? Do you know, or is this too vague ?
#55
Dr. Trout
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RE: IS THIS A GAME LAW?????? 2010/10/29 20:46:17 (permalink)
Outdoor adventure....


The digest we get with our hunting license is a summary of the basic rules , regs, etc for hunting... the REAL rules, etc are in the Pa Game and Wildlife Code Book.. title 34...
which RSB just supplied a link to it is the "bible"... what we get is a snippet or the basics...

Lots of times elected officials have the Title 34 book and you may be able to get one from them for your personal use...
#56
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RE: IS THIS A GAME LAW?????? 2010/10/29 20:54:03 (permalink)
As for the feeder... I'd report it to the PGC... it is messing up you hunting opportunities

Many guys on private, posted property bait around here figuring the WCO will not check unless he suspects something may be wrong to enter the private property..and they show little if any concern about those hunting adjourning property.

Report it....

I think if you check the replies above you will find one about baiting and distances...

I suspect you already know that the distance is a totally discretionary thing for the WCO .. there is NOTHING "in stone" and I understand why.. each area and circumstance is different...
post edited by Dr. Trout - 2010/10/29 20:58:01
#57
Outdoor Adventures
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RE: IS THIS A GAME LAW?????? 2010/10/30 00:50:21 (permalink)
by Dr Trout: you already know that the distance is a totally discretionary thing for the WCO .. there is NOTHING "in stone

post edited by Outdoor Adventures - 2010/10/30 00:54:26
#58
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RE: IS THIS A GAME LAW?????? 2010/10/30 00:53:41 (permalink)
My point exactly !! Too many laws of this kind. I don't like to play the guessing game when I hunt. Reporting such a manner only provokes the landowner and causes more conflict between him and the neighbors. Set a distance, plain and simple. Why should a judge decide?

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SonofZ3
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RE: IS THIS A GAME LAW?????? 2010/10/30 11:18:08 (permalink)

ORIGINAL: Outdoor Adventures

My point exactly !! Too many laws of this kind. I don't like to play the guessing game when I hunt. Reporting such a manner only provokes the landowner and causes more conflict between him and the neighbors. Set a distance, plain and simple. Why should a judge decide?




Because a judge's job is to decide. Many laws are written such that a judge decides some aspect of the fine/punishment. Thats why we have judges.

If you don't want to report it, then it must not really that big of an issue to you.

Support your local Fly Shop!

OHWM
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