Pennsylvania Act 1996-48 — GAME AND WILDLIFE CODE (35 PA.C.S.) - PERMITS

Act text

GAME AND WILDLIFE CODE (35 PA.C.S.) - PERMITS
                  Act of May 22, 1996, P.L. 310, No. 48               Cl. 34
                             Session of 1996
                               No. 1996-48

     HB 1944

                                  AN ACT

     Amending Title 34 (Game) of the Pennsylvania Consolidated
        Statutes, further providing for permits for disabled persons
        and for a fee for a temporary permit.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 2904 of Title 34 of the Pennsylvania
     Consolidated Statutes is amended by adding a paragraph to read:
      § 2904.  Permit fees.
        The annual fee for permits provided for in this chapter shall
     be as follows:
            * * *
            (3.1)  Temporary permit for disabled person - $5 for the
        license year.
            * * *
        Section 2.  Section 2923 of Title 34 is amended to read:
      § 2923.  Disabled person permits.
        (a)  Use of vehicle as a blind.--
            (1)  Unless further restricted by commission regulation,
        a permit to hunt from a stationary vehicle may be issued to a
        person with permanent disabilities who qualified for a
        hunting license pursuant to Chapter 27 (relating to hunting
        and furtaking licenses) and who meets any of the following
        requirements:
                [(1)]  (i)  Has paraplegia and has permanent
            paralysis of both legs and lower parts of the body.
                [(2)]  (ii)  Has hemiplegia and has permanent
            paralysis of one leg and one arm on either side of the
            body.
                [(3)]  (iii)  Has both feet or one hand and one foot
            amputated.
                [(4)]  (iv)  Is permanently confined to a wheelchair
            or must use crutches or [other similar] a walker as a
            means of support to pursue daily activities. [Applicants
            for this permit shall submit a doctor's statement
            certifying the disabilities are permanent.]
                (v)  Presents an affidavit and doctor's certificate
            stating the applicant is physically unable to walk 25
            yards off the roadway.
            (2)  Unless further restricted by commission regulation,
        a permit to hunt from a stationery vehicle may be issued to a
        person who qualified for a hunting license pursuant to
        Chapter 27 and presents an affidavit and doctor's certificate
        stating the applicant is unable to walk 25 yards off the
        roadway due to a temporary injury or condition and may
        require an external means of support to ambulate. This permit
        is only valid for the license year in which issued.
            (3)  Permittees shall carry the permit upon their person
        while hunting. Any person named on this permit may hunt while
        using an automobile or other vehicle as a blind. [Holders of
        this permit] The permittee shall not use the vehicle to flush
        or locate game. The vehicle may be used only as a blind or
        platform from which to shoot. The firearm shall be unloaded
        at all times while the vehicle is in motion.
        (b)  Regulated hunting grounds.--A permit may be issued to
     hunt on a regulated hunting ground to any person who presents a
     doctor's certificate showing that the person is physically
     unable to walk for an extended period of time, authorizing him
     to hunt for, pursue and kill from an automobile or other vehicle
     on regulated hunting grounds those species of game authorized
     for release on such areas, subject to rules and regulations
     prescribed by the commission. The permittee shall carry the
     permit while hunting on regulated hunting grounds.
        (c)  Bow and arrow or crossbow.--A permit shall be issued to
     any person who presents a doctor's certificate showing that the
     person is, because of a permanent physical condition, unable to
     hunt with a conventional bow and arrow, authorizing that person
     to hunt by the use of:
            (1)  A bow and arrow which is held in place by a brace
        secured around the body of the hunter or is triggered with
        the aid of a mechanical device.
            (2)  A crossbow subject to the following restrictions:
                (i)  When hunting deer, bear or turkey, the crossbow
            must have a draw weight of not less than 125 pounds nor
            more than 200 pounds.
                (ii)  The arrows for the crossbow must be tipped with
            a broadhead of not less than seven-eighths of an inch
            wide and have a minimum of two nonmoving, exposed cutting
            edges.
     The permittee shall carry the permit upon his person at all
     times while hunting.
        (d)  Penalty.--A violation of this section is a summary
     offense of the fifth degree.
        Section 3.  This act shall take effect immediately.

     APPROVED--The 22nd day of May, A. D. 1996.

     THOMAS J. RIDGE