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-   -   Property owners and PGC laws collide (https://www.huntingnet.com/forum/northeast/180384-property-owners-pgc-laws-collide.html)

georgepoker 02-14-2007 01:58 PM

RE: Property owners and PGC laws collide
 
Under 16 do not have to be with an adult. If there is no special rights to property owners, Why is this allowed? We do have extra rights that exempt us from the laws of the ordinary.

3 gobblers 02-14-2007 07:25 PM

RE: Property owners and PGC laws collide
 
Didnt that courtcase that someone sued the g/c say something like you g/c dont own the deer just curious?[8D]

3 gobblers 02-14-2007 07:45 PM

RE: Property owners and PGC laws collide
 
NO NO NO saw it happen down in Greene Co.. I know the land owner in question of this. The guys property is posted very well every 10 ft. Was coming out on his quad or whatever they call them 4 wheel things. Guy summoned him over and wanted to look at his rifle w.c.o. checked his rifle no bullets in rifle. So the owner says to w.c.o. what are you doing and w.c.o. says this an that. Well owner says your on private property my property get the xxxx off of it w.c.o. left his property.Got another one here we built a gun range on this person,s land in Butler it,s a farm private property and signs up and the whole works. Well one day the owner goe,s off to work the owners sister who lives next door heard some shooting from the area of the range. She checks her brothers driveway his car is gone and none of our cars are there. She goes up to the range there,s a state trooper sighting in his deer rifle in uniform an car the whole 9 yd,s. Well she ask this smokey what are you doing he says sightin in his gun and she says your on private property and this is a private range and she was gonna report him. He left and pretty sure she put a complaint in. So these guys in uniform think their gods but they also are not above the law they should practice what they preach.[:@]

3 gobblers 02-14-2007 07:55 PM

RE: Property owners and PGC laws collide
 
You said why wouldnt you want to wear orange. Why is it the late muzzleloader season you arent required to wear blaze orange if your muzzleloading huntingDoesnt the late small game season open up the same time as muzzleloader does think about that one:)

NorthPA 02-15-2007 03:42 AM

RE: Property owners and PGC laws collide
 
Yeah, something about a uniform makes a person really bad. People who wear jeans are never bad boys or girls.
It's simply logical, for those with an exceptionally high degree of intelligence --- if theywear a uniform they are liars, cheats and jack-booted thugs.
And just think, people who see things that way just might grow up and be responsible for making decisions some day............[:o]


R.S.B. 02-15-2007 09:00 AM

RE: Property owners and PGC laws collide
 

ORIGINAL: georgepoker


ORIGINAL: DougE

Hunting is a privledge in Pa and you have to abide by the laws if you want to play.Hhow hard is that to understand.Murder is illegal.You can't just kill someone because you're on your own property.
Doug, Lay off the sugar smacks.

Compare oranges to a brick. Killing someone compared to useing what one wants to hunt with on his own property. We land owners do not have to hunt or use the same guidelines as public land hunters. Akid under 16 doesn't have to have an adult with him to hunt his own land. But on public he does. So don't tell me all the laws are the same for property owners as general public they are not. So we do have our own extra rights and what is permissable on our own property. And what we wear and use is our choice also. Now if we don't have extra rights as a land owner explain this under 16 law and property owners? And it goes beyond that law also. I can shoot a deer outside my truck window on my property or shoot it from the upstairs window of my house. These are property owners rights. So don't tell me we have to apply by the same laws.
There are a few cases where some landowners, mostly farmers, do have some exceptions from some sections of the Game and Wildlife Code. The cases that George has been talking about though are not among those exceptions to the law.

People on their own property still have to use legal firearms, wear the required amount of protective orange clothing and be properly accompanied, as a junior hunter, while hunting. Landowners can carry or wear what ever they want, as long as it is legal under the Crimes Code, while walking on their property and not hunting though. But, if they make any attempt to harvest anything or do anything that would be construed, by the court, as hunting while they are on their walk around they are just as subject to being charged as any other hunter, on private land or not.

In this Commonwealth, and generally throughout this entire country, the State Constitutions established a long time ago that all of the wildlife belongs to all of the people, regardless who owns the land, and that all laws apply, on all lands, regardless of ownership. They did that because they had seen the problems that resulted when the Dukes, Earls and Lords not only own the land but also the wildlife on the land. They didn’t want those problems replicated here in this country so they addressed those every issues in the State Constitution.

The Game Law does not allow Conservation Officers to violate the United States or the Pennsylvania Constitution. All law enforcement officers in this state are bound by the same Constitutional restrictions and the way those constitutional amendments are viewed and ruled upon by the courts. The High Courts of this Commonwealth, and our Nation, rule on the Constitutional issues of arrests on a daily bases. Sometimes those courts even overturning previous decisions, based on the premises of the wording in the Constitution. One of those premises is that the Constitution does not say there will be no searches; it only protects people and places from “unreasonable searches” and intrusions by their Government. It is the definition of what is reasonable or unreasonable in a warrant less search that is under constant review by the courts.

The law enforcement officers are all bound by those court opinions that get ruled on, handed down, frequently amended, overruled and subject to be changed that guide the limits on what is allowed as far as vehicle stops or warrant less searches and to what extent any law enforcement officer in this state can enter onto another person’s property while in the performance of their duties. Different laws within the Commonwealth, as established by the State Legislature, have different wording that set down what the performance of those duties might be for the various Law Enforcement Agencies. That in turn then becomes part of what the courts rule on when determining what is reasonable or unreasonable when it comes to stops, searches or even reasonable intrusions of persons, vehicles or the various properties of people.

The “Open Fields Doctrine” as ruled on the courts of this Nation, and this Commonwealth, still allow any Law Enforcement Officer to enter onto private property, within some legal restrictions concerning buildings and other areas around those buildings, when that Officer is within their legal Legislative authority and mandates.

R.S. Bodenhorn


georgepoker 02-15-2007 11:26 AM

RE: Property owners and PGC laws collide
 

ORIGINAL: R.S.B.


ORIGINAL: georgepoker


ORIGINAL: DougE

Hunting is a privledge in Pa and you have to abide by the laws if you want to play.Hhow hard is that to understand.Murder is illegal.You can't just kill someone because you're on your own property.
Doug, Lay off the sugar smacks.

Compare oranges to a brick. Killing someone compared to useing what one wants to hunt with on his own property. We land owners do not have to hunt or use the same guidelines as public land hunters. Akid under 16 doesn't have to have an adult with him to hunt his own land. But on public he does. So don't tell me all the laws are the same for property owners as general public they are not. So we do have our own extra rights and what is permissable on our own property. And what we wear and use is our choice also. Now if we don't have extra rights as a land owner explain this under 16 law and property owners? And it goes beyond that law also. I can shoot a deer outside my truck window on my property or shoot it from the upstairs window of my house. These are property owners rights. So don't tell me we have to apply by the same laws.
There are a few cases where some landowners, mostly farmers, do have some exceptions from some sections of the Game and Wildlife Code. The cases that George has been talking about though are not among those exceptions to the law.

People on their own property still have to use legal firearms, wear the required amount of protective orange clothing and be properly accompanied, as a junior hunter, while hunting. Landowners can carry or wear what ever they want, as long as it is legal under the Crimes Code, while walking on their property and not hunting though. But, if they make any attempt to harvest anything or do anything that would be construed, by the court, as hunting while they are on their walk around they are just as subject to being charged as any other hunter, on private land or not.

In this Commonwealth, and generally throughout this entire country, the State Constitutions established a long time ago that all of the wildlife belongs to all of the people, regardless who owns the land, and that all laws apply, on all lands, regardless of ownership. They did that because they had seen the problems that resulted when the Dukes, Earls and Lords not only own the land but also the wildlife on the land. They didn’t want those problems replicated here in this country so they addressed those every issues in the State Constitution.

The Game Law does not allow Conservation Officers to violate the United States or the Pennsylvania Constitution. All law enforcement officers in this state are bound by the same Constitutional restrictions and the way those constitutional amendments are viewed and ruled upon by the courts. The High Courts of this Commonwealth, and our Nation, rule on the Constitutional issues of arrests on a daily bases. Sometimes those courts even overturning previous decisions, based on the premises of the wording in the Constitution. One of those premises is that the Constitution does not say there will be no searches; it only protects people and places from “unreasonable searches” and intrusions by their Government. It is the definition of what is reasonable or unreasonable in a warrant less search that is under constant review by the courts.

The law enforcement officers are all bound by those court opinions that get ruled on, handed down, frequently amended, overruled and subject to be changed that guide the limits on what is allowed as far as vehicle stops or warrant less searches and to what extent any law enforcement officer in this state can enter onto another person’s property while in the performance of their duties. Different laws within the Commonwealth, as established by the State Legislature, have different wording that set down what the performance of those duties might be for the various Law Enforcement Agencies. That in turn then becomes part of what the courts rule on when determining what is reasonable or unreasonable when it comes to stops, searches or even reasonable intrusions of persons, vehicles or the various properties of people.

The “Open Fields Doctrine” as ruled on the courts of this Nation, and this Commonwealth, still allow any Law Enforcement Officer to enter onto private property, within some legal restrictions concerning buildings and other areas around those buildings, when that Officer is within their legal Legislative authority and mandates.

R.S. Bodenhorn

You are wrong RSB. A lawyer friend of my dad has said. That officers are permited to "INSPECT". This means to look at anything that is visable to the eye without violating ones rights. This does not give officers permision to search person, places, or things without a warrant.Nor does it permit them the right to get into vehicles or trunks to do searches without a warrant.Use the word "INSPECT" There is a big difference between them two words.

The constitution also permits me to shoot rodents with any type of weapon one chooses.
We got a squirrel problem and they keep knawing at our house and damageing it trying to get in. I am allowed to hunt this rodents on my property anyway I choose to rid me of their destruction. Got predators trying to kill our pets. I am permitted to hunt and destroy them how I want on our property. I can shoot deer in our gardens and shoot them with what I want. There are many loopholes that permit me to wear and use what I want to eliminate these problems. And I can actually do this without a license also. This falls under the rights to protect my property andposessions. And my dads lawyer friend says he has read many of cases and like 90% of the time it is legal to do the abovebut local magistrates rules against the deffendants and they give in and plead guilty. But he says that 99% of the people who takes it to a higher court gets it reversed in favor of the defendant because of the constitution over ridesthe state or federal law when it comes to illegal searches and tresspassing and the right to protects ones own property and posessions.

But remember it is "INSPECT" and not search that is permitted by officers.

NorthPA 02-15-2007 12:22 PM

RE: Property owners and PGC laws collide
 
It's scary to think there are people like you released from the institution.

Do you really not think everyone can see that there are a couple of you who are doing a 7th grade social project?



georgepoker 02-15-2007 12:50 PM

RE: Property owners and PGC laws collide
 

ORIGINAL: NorthPA

It's scary to think there are people like you released from the institution.

Do you really not think everyone can see that there are a couple of you who are doing a 7th grade social project?


You go to insults when you have nothing to comment and know that this lawyer is correct. I guess I can put you in the communist group if you don't believe in or stand up and support the constitution. Even if some things are not fair. Our constitution should not be disreguarded even for an evil crime. It is what keeps america free and proud. Our individual rights are more important than any crime commited. If you don't believe in that or support that. I advise you to move to china. Have a good trip.

High Country Kid 02-15-2007 01:20 PM

RE: Property owners and PGC laws collide
 

This post looks identical to one on another board a year or so ago. I'm thinking that was CrazyHorse or ManySpurs (Highcountry), what posted it.
?????????????
Wrong again Robert. I don't own property in Pa, don't hunt private property in Pa and carefully observe all laws and regulations when I'm hunting in Pa. You wouldn't happen to have a link for that alledged thread would you? If not, then trying to find it might be a good idea and give you something to do besides hurling insults at the posters of this board. Almost appears that you are developing some sort of complex about Crazyhorse, this Manyspurs fellow and me.:eek: Also I'd like to say thanks for sending that link to the HPA website. Very entertaining.

Now go away. Your ignorance brings this board down.


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