Tag Archives: Rifle

Violating Pennsylvania’s Human Relations Act by Denying Sales of Firearms and Ammunition to Those Under 21 Years of Age?

Recently, numerous companies, including Dicks, Walmart, and even Pennsylvania-based Dunkelberger’s Sports Outfitters, started refusing to sell rifles and shotguns to individuals between the ages of 18 and 21, seemingly in violation of Pennsylvania’s Human Relations Act.

Before addressing PA’s Human Relations Act, let’s review Pennsylvania’s constitutional provisions. First and foremost, Article 1, Section 1 – Inherent rights of mankind – provides:

All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.

Article 1, Section 21 – Right to bear arms – provides:

The right of the citizens to bear arms in defence of themselves and the State shall not be questioned.

More importantly and frequently overlooked, Article 1, Section 25 – Reservation of powers in people – provides:

To guard against transgressions of the high powers which we have delegated, we declare that everything in this article is excepted out of the general powers of government and shall forever remain inviolate.

Accordingly, the rights acknowledged by Article 1, Sections 1 through 24, including the right to self defense, the ability to acquire property and the right to bear arms, are inalienable as acknowledged by the Constitution.

In turning to PA’s Human Relations Act, the Findings in Section 952 provide, inter alia,

The practice or policy of discrimination against individuals or groups by reason of their race, color, familial status, religious creed, ancestry, age, sex, national origin, handicap or disability, … is a matter of concern of the Commonwealth. Such discrimination foments domestic strife and unrest, threatens the rights and privileges of the inhabitants of the Commonwealth, and undermines the foundations of a free democratic state.

Section 953 then goes on to provide, inter alia, that:

The opportunity for an individual … to obtain all the accommodations, advantages, facilities and privileges of any public accommodation … without discrimination because of race, color, familial status, religious creed, ancestry, handicap or disability, age, sex, national origin, … is hereby recognized as and declared to be a civil right which shall be enforceable as set forth in this act.

For those wondering what all is included as a public accommodation, it includes, in addition to a plethora of other entities, “retail stores and establishments.

Anyone aggrieved under the PA Human Relations Act can file a complaint for discrimination with the Pennsylvania Human Relations Commission.

Hopefully, these retailers will reconsider their age-based policies denying individuals their inalienable rights to bear arms and to defend themselves.

If you or someone you know has been denied your right to keep and bear arms, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal 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.



Filed under Firearms Law, Pennsylvania Firearms Law

PA Game Commission Votes AGAINST Semi-Automatic Hunting

Today, after previously voting unanimously to preliminarily approve hunting of game with semi-automatic firearms, the Pennsylvania Game Commission voted against semi-automatic hunting for big game in violation of the Second Amendment and in direct betrayal of gun owners.

Please reach out to the Game Commission and let them know your thoughts on their encroachment of your inalienable rights.


Filed under Hunting, Uncategorized

PA Game Commission Preliminarily Approves The Use Of Semiautomatic Rifles and Shotguns While Hunting Big Game, Small Game and Furbearers

After the public hearings that occurred from January 29th through today, January 31, 2017, the Pennsylvania Game Commission announced:

The Pennsylvania Board of Game Commissioners today gave unanimous preliminary approval to regulatory changes that would permit the use of semiautomatic rifles and shotguns while hunting big game, small game and furbearers. A five-round magazine would be required for all semiautomatic hunting rifles, with the total ammunition capacity limited to six rounds, based on the preliminarily approved measure.

The measure also preliminarily approves the use of air rifles for small-game and furbearers.

Consistent with Firearm Owners Against Crime’s comments and evidentiary submissions to the PA Game Commissioners, the Board stated that

most of those who opposed cited concerns over compromised safety as their primary reason for opposition … [however after] a thorough review of hunter safety in states that allow semiautomatic rifles, including neighboring states and states that most resemble Pennsylvania in terms of hunter density…[t]he review uncovered no evidence the use of semiautomatic rifles has led to a decline in hunter safety in any state where they’re permitted for hunting.

Furthermore, the Board also reviewed the follow regulatory additions/changes:

Semiautomatic rifles in .22 caliber or less that propel single-projectile ammunition and semiautomatic shotguns 10 gauge or smaller propelling ammunition not larger than No. 4 lead – also No. 2 steel or No. 4 composition or alloy – would be legal firearms arms for small-game seasons under a regulation preliminarily approved by the Board of Game Commissioners.

Semiautomatic firearms that propel single-projectile ammunition also would be legal sporting arms for woodchucks and furbearers. There is no caliber restriction for woodchucks or furbearers.

For big game, semiautomatic centerfire rifles and shotguns would be legal sporting arms.

Full-metal-jacket ammunition would continue to be prohibited for deer, bear and elk hunting.

All semiautomatic firearms would be limited to six rounds’ ammunition capacity – magazines can hold no more than five rounds.

Semiautomatics would be legal in seasons in which modern firearms can be used to take deer, black bears, elk and fall turkeys.

Air-guns would be legal for small game in calibers from .177 to .22 that propel single-projectile pellets or bullets, under the regulatory changes preliminarily approved by the Board of Game Commissioners.

For woodchucks and furbearers, air-guns must be at least .22 caliber and propel a single-projectile pellet or bullet. BB ammunition is not authorized for small game, furbearers or woodchucks.

These proposals will be brought up again at the March meeting for a final vote.



Filed under Firearms Law, Hunting

The Great Pennsylvanian Trunk Gun

If you ever read Internet gun forums or overhear conversations at a gun store you will often hear many people asking for firearm recommendations for a variety of reasons. The reasons range from everyday practical ones, such as concealed carry protection to more esoteric ones…like bear protection.  On the more esoteric side of the equation you will often hear of people desiring to have a “trunk or truck gun.”

The term can be applied to handguns or long guns, but in general, the term is more commonly applied to long guns. The general concept behind the “trunk gun” is that if someone spots game while out in a rural area they would be able to hunt it. The other is the potential use of the firearm in some type of self defense situation (possibly an ambush) where having a long gun at their disposal would be helpful.

This is all fine and well, but for residents of Pennsylvania there are several legal issues that they should be aware of before they embark on their “Battle Van.”

The first and perhaps most important consideration is that it is illegal in the state of Pennsylvania to have a loaded long gun in one’s vehicle. This is not purely out of a gun control related issue, but also out of game law and concerns about poaching (it is also illegal under the Uniform Firearm Act). Since one is generally not allowed to hunt from a car (without special permission from the Pennsylvania Game Commission), the presumption (rightly or wrongly) is that a person with a loaded long gun in their vehicle is going to attempt to take game from their car. The text of Chapter 25, Section 2503, of the Game and Wildlife Code is in fact titled Loaded firearms in vehicles and states:

Except as otherwise provided in this title, it is unlawful for any person to have a firearm of any kind in or on or against any conveyance propelled by mechanical power or its attachments at any time whether or not the vehicle or its attachment is in motion unless the firearm is unloaded.

Now at first glance that would ban people from carrying loaded handguns in the cars too (when in possession of a valid License to Carry Firearms). However, one of the exceptions is:

A person carrying a loaded pistol or revolver when in possession of a valid firearms license.

It should be noted that it is illegal to transport a loaded long gun in your car, regardless of whether you have a Pennsylvania Licence to Carry Firearms (as discussed further below). The penalty, under the Game Code, for having a loaded long gun in your car is a summary offense of the 4th degree, if the vehicle is in motion. It is a summary offense of the 5th degree in all other circumstances.

It should also be noted that carrying a loaded rifle in your car is also illegal per section 6106.1 of the Uniform Firearm Act under the heading: Carrying loaded weapons other than firearms which states:

Except as provided in Title 34 (relating to game), no person shall carry a loaded pistol, revolver, shotgun or rifle, other than a firearm as defined in section 6102 (relating to definitions), in any vehicle. The provisions of this section shall not apply to persons excepted from the requirement of a license to carry firearms under section 6106(b)(1), (2), (5) or (6) (relating to firearms not to be carried without a license) nor shall the provisions of this section be construed to permit persons to carry firearms in a vehicle where such conduct is prohibited by section 6106.

A violation of this law is considered a summary offense, but unlike the game code violations cited earlier, it is simply a summary offense, not one of a particular degree. It would seem at first that section 6106.1 would allow the carrying of a loaded long arm in ones car, however, one has to look at the definition of a firearm under the Uniform Firearm Act which states:

“Firearm.” Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.

Hence a normal rifle or shotgun (as opposed to a duly registered National Firearms Act weapon) would not qualify as a firearm, and thus not be exempted by a person holding a Licence to Carry Firearms.

The next question that must be looked at is what a loaded firearm is and is not. Thankfully the Uniform Firearms Act has a definition on both what is loaded and unloaded in regards to a firearm. The bolded language was added a few years ago.

A firearm is loaded if the firing chamber, the nondetachable magazine or, in the case of a revolver, any of the chambers of the cylinder contain ammunition capable of being fired. In the case of a firearm which utilizes a detachable magazine, the term shall mean a magazine suitable for use in said firearm which magazine contains such ammunition and has been inserted in the firearm or is in the same container or, where the container has multiple compartments, the same compartment thereof as the firearm. If the magazine is inserted into a pouch, holder, holster or other protective device that provides for a complete and secure enclosure of the ammunition, then the pouch, holder, holster or other protective device shall be deemed to be a separate compartment.

As can be seen in the language of the Uniform Firearms Act, if a loaded magazine is secured in a separate pouch than the firearm would not be considered loaded. However, it would not be “at the ready” which for some is the desire of the “trunk or truck gun.”

The second major item of concern is the idea that the firearm would be ideal for hunting small game that one may find in their travels. The major issue with this is that Pennsylvania, unlike other states, does not recognize any animal as lawful to hunt that is not a game species (with some limited exceptions regarding wild pigs), and all game species are regulated in when and how they can be hunted. You are not simply allowed to hunt wild squirrel or wild deer whenever you wish, even if it’s on your property (this does not include “wildlife preserves.”) You are however allowed certain protections in killing game or wildlife in protection of one’s property and also in self-defense.

While there may valid reasons or desires for keeping a “trunk or truck gun” there are also several important laws a person must keep in mind to ensure their compliance with the laws of the Commonwealth, many which may render the concept of a ready to use “trunk” gun a moot point, such as requiring that the individual have a license to carry firearms (LTCF), pursuant to 18 Pa.C.S. 6106. Otherwise, if an individual does not have an LTCF, he/she is extremely restricted in his/her transport of firearms. Therefore, it is extremely important that you speak with an attorney knowledgeable about PA’s firearms law regarding your specific situation before you consider a “trunk” gun.


Filed under Firearms Law, Pennsylvania Firearms Law