DCNR Resolution Comments

Secretary DiBerardinis has requested that I respond to the proposed PFSC resolution titled “Permitted Handgun Concealed Carry in Pennsylvania State Parks.”

Regarding the issue of unlimited right to bear arms, the U. S. and Pennsylvania constitutions do not grant an unlimited right. Federal and state courts have consistently held that the constitutional right to bear arms is not unlimited and may be restricted in the exercise of a state’s police power for the good order of society and the protection of citizens.

Pennsylvania’s Uniform Firearms Act, 18 Pa.C.S. §§ 6101 et seq. does not grant permission to persons with a proper license to carry a firearm. Instead, it imposes a criminal penalty on persons who carry a firearm without the proper license. There is nothing in this law that prohibits a state from restricting the carrying of firearms on state lands.

The Department is specifically authorized by Section 7506 of the Pa. Crimes Code to promulgate regulations governing conduct on its property for the "preservation and protection" of the property and "to promote the welfare, safety or protection" of persons using the property. Because the Department believes that allowing visitors to carry firearms in state parks would be hazardous to public safety and order, it has promulgated a regulation at 17 Pa. Code § 11.215(5) prohibiting the carrying of firearms in state parks. This regulation is consistent with those of most of our neighboring states.

Under the Department’s regulation, if persons take a firearm onto state park property, they must keep it in their car, trailer, or leased campsite. There are specific exceptions to this requirement during hunting season and target shooting.

It would be difficult, therefore, for the Department to support this resolution.

Sincerely,

Department of Conservation

and Natural Resources