[Woods walker]

I don't know where you got the loaded weapon is necessary to be considered, but you are wrong, you don't even need a weapon to be hunting.

 

[Pa-Guy]

I don't know where you got the loaded weapon is necessary to be considered, but you are wrong, you don't even need a weapon to be hunting.

You should read what I wrote. A WCO, who has been around for a long time, told me what I said about a loaded weapon to be considered hunting.

 

[Woods walker]

It doesn't matter who told you, according to the law a loaded firearm is just one way you could be hunting. You are hunting if you are driving deer for others and don't possess a firearm, you are hunting when you are tracking a wounded animal even if you are not carrying a sporting arm, you are hunting if you are in a duck blind with a friend calling for him and you do not possess a firearm. A loaded gun is just one of many things that can show you are hunting. Your interpretation is wrong.

 

[Born2Hunt]

Just what is the intent of this section of the PA Hunting Digest P. 17:

General hunting regulations:

Recovering dead or injured wildlife:

"It is unlawful for a hunter to refuse or NEGLET to make reasonable effort to retrieve any killed or injured game or wildlife."

 

[R.W.J]

Just what is the intent of this section of the PA Hunting Digest P. 17:

General hunting regulations:

Recovering dead or injured wildlife:

"It is unlawful for a hunter to refuse or NEGLET to make reasonable effort to retrieve any killed or injured game or wildlife."

Resonable effort ends at breaking the law.

 

[Woods walker]

The law does not mandate that you violate one law in order to obey another. Reasonable effort does not mean illegal effort. In the same vein, the law requiring you to make a reasonable effort does not give permission to trespass in order to make a retrieval. Each situation is different, it will depend on what the WCO sees to decide if he will write a citation. The best thing to do is to call the PGC regional office if you will be out poking around trying to find a wounded animal after the closing hour for hunting. I really don't care what you do, however I don't want other people believing it is necessary to have a loaded firearm in order to be hunting because that is not the case and I would rather no one gets themselves in a bind.

 

[outofstater]

Im not going to loose any sleep over it until the situation arises and then use a few years of common sence.

 

[Lifes2Fun]

Just what is the intent of this section of the PA Hunting Digest P. 17:

General hunting regulations:

Recovering dead or injured wildlife:

"It is unlawful for a hunter to refuse or NEGLECT to make reasonable effort to retrieve any killed or injured game or wildlife."

Reasonable is the key word.
That statement does not give you permission to break laws.
It doesnt give you permission to hunt after legal hours, it doesnt give you permission to trespass...it tells you that you can't just take a shot and make no effort what so ever to see if you hit or wounded the animal, you need need to make a REASONABLE effort. You can not in the course of a REASONABLE effort break other laws and use that statement as an excuse


And to second what John said, you do not need to have a weapon to be hunting. Tracking game or wildlife is hunting.
If you exhibit characteristics of hunting as defined in title 34 (which was posted above) you are hunting.
If a WCO decided to cut you a break for it, thats his/her discretion
Once again, every cirrcumstance is different

 

[Pa-Guy]

"I brought this up to him about "outlaws on my neighbors property, hunting after closing hours."
He told me if he tried to sneak up on them, all they would have to do is put there arrow back in the quiver and he couldn't arrest them for hunting after shooting hours."

Then this current WCO was wrong and you are right?

 

[Pa-Guy]

Im not going to loose any sleep over it until the situation arises and then use a few years of common sence.

Yep!

 

[Lifes2Fun]

(a) General rule.--For the purpose of this title, any one of the following acts shall constitute prima facie evidence of hunting:

(1) Possession of any firearm, bow and arrow, raptor, trap or other device of any description usable for the purpose of hunting or taking game or wildlife.

(2) Possession of the carcass or any part or parts of any game or wildlife.

(3) Pursuing game or wildlife in any manner prohibited by this title or commission regulation

 

[Pa-Guy]

(a) General rule.--For the purpose of this title, any one of the following acts shall constitute prima facie evidence of hunting:

(1) Possession of any firearm, bow and arrow, raptor, trap or other device of any description usable for the purpose of hunting or taking game or wildlife.

Yep, these are all great rules.
So anyone coming out of the woods or fields with an empty gun/bow, during the season, but after shooting hours, is breaking the law.

 

[Borden811]

Again, that's why there is such a thing as officer discretion. What is so hard for you people to understand about this? The law was written so people committing a crime can't easily get away with it. It was also written so those of us not committing a crime, aren't cahrged with one one a daily basis.

 

[zemenar12]

I have been stopped a few times on my way out of the woods by Deputys and WCO's.
Every time I was asked"Do you know when the hunting hours end"?
They checked my gun to see if it was unloaded(it always is),a little small talk and we are both on our way.
In fact,after the one WCO stopped me for the 3rd time,he quit checking my gun,just waved or if close enough he would walk out with me.
By then he knew me for being honest and following the law.
Even though I was still armed and hunting by the defination of the`law,they never got bent out of shape,although I am sure there are a few that would want to be picky about it,I think most would know you are walking out and understand.

 

[cspot]

Well technically according to the law if I have a furbearers license then I can say that I am coyote hunting after legal shooting hours. Correct?

 

[Woods walker]

You can say anything, being believed is something else.

 

[GobbleBuck]

I think what leads to confusion on here is that there are those on this site who would lead you to believe that if you do not follow the exact letter of the law, then you are in violation no better than a poacher and should in turn be fined. That may be true to some, but I agree with others that common sense should prevail.
Personally, I try to allow for common sense. I understand that people should understand the exact letter of the law.
I believe that my loyalties will fall closer to making as quick a recovery on my given game animal as posible. If there is no weather in the forecast and I am not worried about coyotes messing with the carcass, then I will wait until the following morning. Should that morning fall on a sunday, I guess I am a law breaker because I am going to recover my game as soon as I can.
I am not a poacher and hunt ethically. To me, ethics involves ensuring your game animal is recovered if you believe yourself to have made a killing shot.

A few years ago my brother shot a very large buck on the first day of rifle season in the rain. We tracked the buck as long as we could follow the trail and searched the area where we believed him to expire well through the winter. He was never found, but to an animal of that size we did what we believed to be the best thing, given the situation.
Apparently we broke the law, but I am ok with saying that if the situation presented itself again, we would make every effort to make sure we recoverd the animal.

 

[cspot]

You can say anything, being believed is something else.

I would be legal though according to the letter of the law. I am hunting for a legal species during a legal season. Your belief really wouldn't matter. Correct?

 

[GobbleBuck]

Another story:

Couple years ago a large buck was hit below a friends house. He called the local WCO who said that for $10 a point he could have the head. The guy later called the regional office and they told him there was no charge for the amount of points on a recovered animal. He received his permit number over the phone and had the buck mounted.
So to the OP. No, there is not a point charge.
There is however a charge for a bobcat permit to have a roadkill mounted, paid 100 bucks for it three years ago.

 

[outofstater]

This was an amazing thread never knew or thought about this law. When it is about dark i leave the woods, and dont do much bow hunting. Regular rifel season with my 25 calibers dont have the worry about trcking.