The Pennsylvania Game Commission (PGC) State Game Wardens (SGW) and Deputy State Game Wardens (DSGW) are law enforcement officers. That means you are not obligated to speak with them and can invoke your right to remain silent. It also means that anything you say to them can and will be used against you in court!
While you can and usually should, decline to speak with Wardens while in the field, you must comply with certain administrative inspection requests when there is prima facie evidence of hunting. The following acts constitute prima facie evidence of hunting:
- 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.
- Possession of the carcass or any part or parts of any game or wildlife.
- Pursuing game or wildlife in any manner prohibited by the Pennsylvania Game Code.
Wardens are required to present a badge or other official identification and state the purpose of an administrative inspection, and once they have, some of the things you may be required to do, or they may be permitted to inspect, include:
- Producing your hunting license, any relevant tags, shooting range permit, or other licenses or permits.
- Signing your name on a separate piece of paper in the presence of the Warden
- If there is reasonable suspicion of hunting under the influence, they can require you to submit to chemical testing by breath, blood, or urine for the purpose of determining blood alcohol content or the presence of a controlled substance
- If you refuse, your hunting and trapping licenses can be suspended or revoked
- They may inspect firearms and ammunition, coolers and other containers, blinds, tree stands, clothing, game bags, meat, and more…
If you are cited for a violation of the Game Code, even though the vast majority of citations are Summary offenses more akin to a traffic ticket than a traditional criminal charge, if you plead guilty or are convicted, your hunting and furtaking privileges can be revoked and Wardens will not warn you about the possibility of revocation at the time of the citation/guilty plea. An experienced attorney can usually advise you whether revocation is likely based on a review of your history and the specific code you have been accused of violating.
If you have been cited for a violation of the Game Code or received a notice of the revocation of your hunting privileges, you should contact and speak with an attorney prior to making any decisions about how to plead or respond.
If you or someone you know has been cited for a violation of the Game Code or received a notice of the revocation of their hunting and furtaking privileges, contact FICG today to discuss your options.
Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.
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