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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 21 - Game or Wildlife Protection › Section 2141 - Killing game or wildlife to protect person

§ 2141. Killing game or wildlife to protect person.
(a) General rule.--
It is unlawful for a person to kill any game or wildlife as a means of protection unless it is clearly evident from all the facts that a human is endangered to a degree that the immediate destruction of the game or wildlife is necessary.
(b) Report, safekeeping and investigation.--
A person killing any game or wildlife under this subchapter shall report the event to an officer as soon as possible following the incident but in no case later than 24 hours, provide for safekeeping of the game or wildlife intact at the place where it was killed and be available for interview by the officer. The person killing the game or wildlife shall answer, without evasion, any pertinent questions of the officer making the investigation.
(c) Exoneration.--
At the conclusion of any investigation when any game or wildlife is allegedly killed as protection to a person, the officer may exonerate the person for the otherwise unlawful killing of the game or wildlife. In all cases the officer shall seize and dispose of the game or wildlife as required by this title or upon instructions of the director.
(d) Prosecution.--
Any officer making an investigation when game or wildlife was allegedly killed as a protection to a person shall proceed with prosecution as though the game or wildlife was unlawfully killed if the officer is dissatisfied with the explanation of the person killing the game or wildlife or if the physical facts of the killing do not support and sustain the facts alleged by the person killing the game or wildlife.
(e) Penalties.--
A violation of this section relating to:
(1) Threatened or endangered species is a misdemeanor.
(2) Elk or bear is a summary offense of the first degree.
(3) Deer is a summary offense of the second degree.
(4) Bobcat or otter is a summary offense of the third degree.
(5) Wild turkey or beaver is a summary offense of the fourth degree.
(6) Any other game or wildlife is a summary offense of the fifth degree.
(Oct. 24, 2012, P.L.1205, No.150, eff. 60 days)
2012 Amendment.
Act 150 amended subsec. (e)(1).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 21 - Game or Wildlife Protection › Section 2161 - Commonwealth actions for damage to game or wildlife

§ 2161. Commonwealth actions for damage to game or wildlife.
(a) Declaration of policy.--
The Commonwealth has sufficient interest in game or wildlife living in a free state to give it standing, through its authorized agents, to recover compensatory and punitive damages in a civil action against any person who kills any game or wildlife or who damages any game or wildlife habitat. The proprietary ownership, jurisdiction and control of game or wildlife living free in nature is vested in the Commonwealth by virtue of the continued expenditure of its funds and its efforts to protect, propagate, manage and preserve the game or wildlife population as a renewable natural resource of this Commonwealth.
(b) General rule.--
The commission, as the agency of the Commonwealth authorized to regulate, protect, propagate, manage and preserve game or wildlife, may, in addition to the penalties provided in this title, bring civil actions on behalf of the Commonwealth for compensatory and punitive damages for any game or wildlife killed or any game or wildlife habitat injured or destroyed. In determining the value of game or wildlife killed or habitat injured or destroyed, the commission may consider all factors that give value to the game or wildlife or habitat. These factors may include, but need not be limited to, the commercial resale value, the replacement costs or the recreational value of observing, hunting or furtaking. In addition, the commission may recover the costs of gathering the evidence, including expert testimony, in any civil action brought under this section where the defendant is found liable for damages.
(c) Concurrent authority.--
The commission shall have concurrent authority to enforce the act of November 26, 1978 (P.L.1375, No.325), known as the Dam Safety and Encroachments Act, and the regulations thereto, with respect to encroachments and water obstructions only if a violation would, in the opinion of the commission, negatively impact upon a swamp, marsh or wetland. Notwithstanding the provisions of section 26, in the event the commission shall bring a civil action suit pursuant to section 21 or a criminal proceeding pursuant to section 22 of the Dam Safety and Encroachments Act, any moneys recovered by the commission shall be deposited in the Game Fund instead of the Dams and Encroachments Fund.
(d) Exemptions.--
Nothing in this section shall be construed to include normal or accepted practices which have been conducted within guidelines set forth by the State or Federal agency having jurisdiction over such actions or any activities arising from lawful activity by other land uses, including farming, mining, oil and gas drilling, habitat management practices, forestry practices, recreation or real estate development.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 21 - Game or Wildlife Protection › Section 2162 - Disturbance of game or wildlife

§ 2162. Disturbance of game or wildlife.
(a) General rule.--
It is unlawful for any person to drive or disturb game or wildlife except while engaged in the lawful activities set forth in this title.
(b) Nonapplicability.--
This section shall not apply to any owner of land, any member of the commission, the director, any representative of the commission or any other law enforcement officer engaged in any otherwise lawful action.
(c) Penalty.--
A violation of subsection (a) shall be a summary offense of the first degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 21 - Game or Wildlife Protection › Section 2163 - Unlawful importation of game or wildlife

§ 2163. Unlawful importation of game or wildlife.
(a) General rule.--
It is unlawful for any person to bring or, in any manner, to have transported into this Commonwealth from any other state or nation, any living game or wildlife or the eggs of any bird, the importation of which is prohibited by the commission or under the provisions of any Federal law, or to release within this Commonwealth any game or wildlife reared in captivity or in a domestic state, the importation of which is prohibited.
(b) Further restrictions.--
It is unlawful to bring into, sell or possess any game or wildlife or the eggs of any bird or to release within this Commonwealth, for any purpose, imported game or wildlife or game or wildlife reared in captivity or in a domestic state in this Commonwealth contrary to any regulations the commission promulgates to safeguard the native game or wildlife of this Commonwealth.
(c) Penalties.--
(1) Except for endangered or threatened species, a person importing, selling, releasing or possessing game or wildlife or the eggs of any bird contrary to any of the provisions of this section, or causing them to be released or imported, commits a summary offense of the fifth degree. Each bird, egg or animal involved in a violation constitutes a separate offense.
(2) A violation of this section relating to any endangered or threatened species is a misdemeanor. Each bird, egg or game or wildlife involved in the violation constitutes a separate offense.
(d) Contraband.--
Any game or wildlife or egg possessed by any person contrary to this section is contraband.
(Oct. 24, 2012, P.L.1205, No.150, eff. 60 days)
2012 Amendment.
Act 150 amended subsec. (c)(2).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 21 - Game or Wildlife Protection › Section 2164 - Unlawful taking and possession of protected birds

§ 2164. Unlawful taking and possession of protected birds.
(a) General rule.--
Except as otherwise provided in this title, it is unlawful for any person at any time to kill or attempt or conspire to kill or take or attempt, assist, aid or abet in the taking of any protected birds or possess protected birds, or any part thereof.
(b) Hawks, falcons or owls.--
It is lawful for protected hawks, falcons or owls to be taken and possessed for use in falconry. Protected hawks, falcons or owls shall not be bought, sold or bartered, or offered for sale or barter, or held in possession for sale or barter.
(c) Mounting or retention in possession.--
Except pursuant to a permit issued by the commission, no protected bird or part thereof shall be mounted or retained in possession.
(d) Penalties.--
(1) A violation of this section is a summary offense of the fifth degree for each protected bird or part thereof.
(2) A violation of this section relating to birds which are listed as threatened or endangered is, in addition to any other penalties, a misdemeanor.
(e) Contraband.--
Any game or wildlife or egg possessed by any person contrary to this section is contraband.
(Oct. 24, 2012, P.L.1205, No.150, eff. 60 days)
2012 Amendment.
Act 150 amended subsec. (d)(2).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 21 - Game or Wildlife Protection › Section 2165 - Possession or interference with active nests or eggs of birds

§ 2165. Possession or interference with active nests or eggs of birds.
(a) General rule.--
Except as otherwise provided in this title, it is unlawful for any person to take or have in possession or under control either the active nest or any egg of any game bird or protected bird or to interfere with or destroy the active nest or egg.
(b) Penalties.--
(1) A violation of this section is a summary offense of the fifth degree for each active nest or egg possessed or interfered with.
(2) A violation of this section relating to birds which are listed as threatened or endangered is, in addition to any other penalties, a misdemeanor for each active nest or egg possessed.
(c) Contraband.--
Any active nest or egg possessed by any person contrary to this section is contraband.
(Oct. 24, 2012, P.L.1205, No.150, eff. 60 days)
2012 Amendment.
Act 150 amended subsec. (b)(2).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 21 - Game or Wildlife Protection › Section 2166 - Unlawful sale of protected birds and plumage

§ 2166. Unlawful sale of protected birds and plumage.
(a) General rule.--
Except as otherwise provided in this title, it is unlawful for any person, acting either for personal interest or as the agent or representative of another, to have any protected bird or any bird which belongs to the same family as those protected birds found in a wild state in this Commonwealth or is similar in appearance to any native protected bird, the eggs or any part from such birds, in possession or under control for the purpose of sale or barter, or to offer or expose them for sale or barter, or to transport, ship or remove, or attempt to transport, ship or remove, from this Commonwealth, for any purpose, any such bird, either living or dead, or the eggs or any part thereof.
(b) Penalties.--
(1) A violation of this section is a summary offense of the fourth degree for each bird or part thereof.
(2) A violation of this section relating to birds which are listed as threatened or endangered is, in addition to any other penalties, a misdemeanor for each bird or part thereof.
(c) Contraband.--
Any protected bird or any egg or any part thereof possessed contrary to this section is contraband.
(Oct. 24, 2012, P.L.1205, No.150, eff. 60 days)
2012 Amendment.
Act 150 amended subsec. (b)(2).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 21 - Game or Wildlife Protection › Section 2167 - Endangered or threatened species

§ 2167. Endangered or threatened species.
(a) Changes to list.--
The commission may, by regulation, add or remove any wild bird or wild animal native to this Commonwealth to or from the Pennsylvania native list of endangered or threatened species.
(b) Possession, transportation, capturing or killing.--
Except as otherwise provided in this title, it is unlawful for any person, acting either for himself or as the representative of another, to bring into or remove from this Commonwealth, or to possess, transport, capture or kill, or attempt, aid, abet or conspire to capture or kill, any wild bird or wild animal, or any part thereof, or the eggs of any wild bird, which are endangered or threatened species. It is the duty of every officer having authority to enforce this title to seize all wild birds or wild animals, or any part thereof, or the eggs of any wild bird, which have been declared endangered or threatened.
(c) Purchase, sale, barter or exchange.--
Except as otherwise provided in this title, it is unlawful for any person, acting either for himself or as a representative of another, at any time to buy, sell, barter or exchange, or to offer for sale or barter, or to have in possession for sale or barter, or to aid, abet or conspire in the possession, sale, barter or exchange, or to give away any endangered or threatened species or subspecies of wild birds or wild animals, or parts thereof. It is the duty of every officer having authority to enforce this title to seize all endangered or threatened wild birds or wild animals, or any part thereof. This subsection shall not be construed to permit any individual or agency other than the commission to sell the skins or parts of game or wildlife or the plumage or parts of birds killed as a protection to crops or accidentally killed upon the highways or seized as contraband.
(d) Penalties.--
A violation of this section shall be graded as follows:
(1) A first violation is a misdemeanor of the second degree and may result in forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of seven years.
(2) A second violation within a seven-year period or during the same criminal episode as the first violation is a misdemeanor of the first degree and may result in the forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of ten years.
(3) A third or subsequent violation within a seven-year period or during the same criminal episode as the first or second violation is a felony of the third degree and may result in the forfeiture of the privilege to hunt or take wildlife anywhere within this Commonwealth for a period of 15 years.
(July 9, 2010, P.L.387, No.54, eff. 60 days)
2010 Amendment.
See section 6 of Act 54 in the appendix to this title for special provisions relating to public notice.
Cross References.
Section 2167 is referred to in section 2924 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2301 - Prima facie evidence of hunting

§ 2301. Prima facie evidence of hunting.
(a) General rule.--
For the purpose of this title, any one of the following acts shall constitute prima facie evidence of hunting:
(1) 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.
(2) Possession of the carcass or any part or parts of any game or wildlife.
(3) Pursuing game or wildlife in any manner prohibited by this title or commission regulation.
(b) Lawful cooperation or assistance.--
Notwithstanding any other provision of this title to the contrary, any person who has lawfully taken the bag or season limit for a particular species of game or wildlife or any person who meets the requirements of section 2701(c) (relating to license requirements) may aid, assist, abet or cooperate in any manner specified by this title or commission regulations with another person who is engaged in any lawful activity permitted by this title or the regulations of the commission.
(June 28, 2004, P.L.452, No.48, eff. imd.)
2004 Amendment.
Act 48 amended subsec. (b).
Cross References.
Section 2301 is referred to in section 2325 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2302 - Interference with lawful taking of wildlife or other activities permitted by this title prohibited

§ 2302. Interference with lawful taking of wildlife or other activities permitted by this title prohibited.
(a) General rule.--
Except as otherwise provided in this title, it is unlawful for another person at the location where the activity is taking place to intentionally obstruct or interfere with the lawful taking of wildlife or other activities permitted by this title.
(a.1) Activities which violate section.--
A person violates this section when he intentionally or knowingly:
(1) drives or disturbs wildlife for the purpose of disrupting the lawful taking of wildlife where another person is engaged in the process of lawfully taking wildlife or other permitted activities;
(2) blocks, impedes or otherwise harasses another person who is engaged in the process of lawfully taking wildlife or other permitted activities;
(3) uses natural or artificial visual, aural, olfactory or physical stimuli to affect wildlife behavior in order to hinder or prevent the lawful taking of wildlife or other permitted activities;
(4) creates or erects barriers with the intent to deny ingress or egress to areas where the lawful taking of wildlife or other permitted activities may occur;
(5) interjects himself into the line of fire;
(6) affects the condition or placement of personal or public property intended for use in the lawful taking of wildlife or other permitted activities in order to impair its usefulness or prevent its use;
(7) enters or remains upon public lands or upon private lands without permission of the owner or their agent, with intent to violate this section; or
(8) fails to obey the order of any officer whose duty it is to enforce any of the laws of this Commonwealth where such officer observes any conduct which violates this section or has reasonable grounds to believe that any person intends to engage in such conduct.
(b) Enforcement and recovery of damages.--
The commission or any person who is lawfully engaged in the taking, hunting or trapping of game or wildlife who is directly affected by a violation of this section may bring an action to restrain conduct declared unlawful in this section and to recover damages.
(c) Exceptions.--
The conduct declared unlawful in this section does not include any activities arising from lawful activity by other land uses, including farming, mining, forestry practices, recreation or any other activities when it is evident that such activities are not intended to violate this section.
(d) Penalties.--
A violation of this section is a summary offense of the second degree.
(May 28, 1992, P.L.262, No.45, eff. July 1, 1992)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2303 - Hunting on Sunday prohibited

§ 2303. Hunting on Sunday prohibited.
(a) General rule.--
Except as otherwise provided in this title, it is unlawful for any person to hunt for any furbearer or game on Sunday.
(b) Construction of section.--
This section shall not be construed to prohibit:
(1) The training of dogs.
(2) The participation in dog trials as provided for in this title.
(3) The removal of lawfully taken game or wildlife from traps or the resetting of the traps on Sunday.
(b.1) Exceptions.--
Subsection (a) shall not apply to:
(1) The hunting of foxes.
(2) The hunting of coyotes.
(3) Any hunting which occurs on noncommercial regulated hunting grounds holding a valid permit under section 2928(b)(2) (relating to regulated hunting grounds permits).
(4) Hunting on three Sundays each calendar year, as follows:
(i) One day of Sunday hunting shall be instituted by the commission during the deer rifle season.
(ii) One day of Sunday hunting shall be instituted by the commission during the Statewide deer archery season.
(iii) One day of Sunday hunting as determined by the commission shall be instituted by the commission.
Authority to hunt on any Sunday instituted by the commission under this paragraph shall not apply to any person required to secure a hunting license who attempts to hunt on private land without obtaining written permission of the landowner, an agent of the landowner or lessee.
(c) Penalty.--
A violation of this section is a summary offense of the fifth degree.
(Dec. 17, 1990, P.L.724, No.180, eff. 60 days; June 22, 1994, P.L.356, No.53, eff. imd.; Nov. 27, 2019, P.L.739, No.107, eff. 90 days)
2019 Amendment.
Act 107 added subsec. (b.1)(4).
Cross References.
Section 2303 is referred to in section 2315 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2304 - Ownership of carcass of game or wildlife

§ 2304. Ownership of carcass of game or wildlife.
(a) General rule.--
The carcass of game or wildlife lawfully killed or taken shall be the property of the person who inflicts a mortal wound which enables that person to take possession of the carcass.
(b) Officer not to arbitrate disputes.--
No officer whose duty it is to enforce this title shall be called upon to arbitrate any dispute concerning the ownership of game or wildlife or to testify concerning any such dispute.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2305 - Retrieval and disposition of killed or wounded game or wildlife

§ 2305. Retrieval and disposition of killed or wounded game or wildlife.
(a) General rule.--
It is unlawful for any person who kills or wounds any game or wildlife while engaged in any activities permitted by this title to refuse or neglect to make a reasonable effort to retrieve, retain or lawfully dispose of such game or wildlife.
(b) Penalty.--
A violation of this section is a summary offense of the fourth degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2306 - Killing game or wildlife by mistake

§ 2306. Killing game or wildlife by mistake.
(a) General rule.--
Any person who, while hunting or trapping for game or wildlife which may be lawfully taken, by accident or mistake kills or attempts to kill any game or wildlife other than threatened or endangered species, contrary to the provisions of this title, shall pay restitution pursuant to subsection (b) to an officer of the commission.
(b) Restitution.--
Restitution for killing or an attempted killing by accident or mistake shall be as follows:
(1) Each deer - $25.
(2) Each turkey - $20.
(3) Each other wild bird or wild animal, other than an endangered or threatened species - $15.
(4) Each bear - $100.
(5) Each elk - $100.
(c) Procedural requirements.--
Any person claiming a mistake kill or attempted kill of game or wildlife pursuant to this section shall:
(1) Immediately remove all of the entrails of any edible game or wildlife and, if big game, tag the animal in the manner prescribed under section 2323 (relating to tagging and reporting big game kills).
(2) Within 24 hours after the killing or attempted killing, report the same to the appropriate commission regional office by telephone or electronic communication.
(3) Within 24 hours after the killing or attempted killing, deliver the entire carcass, less entrails, to any commission officer in the county in which killed for disposition and provide a written, sworn statement to the commission officer explaining when, where and how the accident or mistake occurred.
(4) Within ten days after the killing or attempted killing, provide the commission officer full payment of restitution.
(July 9, 2010, P.L.387, No.54, eff. 60 days; Feb. 15, 2018, P.L.6, No.3, eff. 60 days)
2018 Amendment.
Act 3 amended subsecs. (a) and (b).
2010 Amendment.
See section 6 of Act 54 in the appendix to this title for special provisions relating to public notice.
Cross References.
Section 2306 is referred to in section 2742 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2309 - Unlawful removal of game or wildlife from place of refuge

§ 2309. Unlawful removal of game or wildlife from place of refuge.
(a) General rule.--
It is unlawful for any person to cut any dead or living tree, use smoke or any other method to take any game or wildlife or dig any game or wildlife out of its place of refuge or den.
(b) Woodchuck in cultivated fields.--
Woodchucks may be dug out of their dens in cultivated fields by any person who, if not the owner, lessee or occupant or members of their families or hired help thereof, shall first secure permission of the person in charge of the property and, immediately after the removal of the woodchuck, replace the earth and level off the area dug out.
(c) Penalty.--
A violation of this section is a summary offense of the fifth degree. Each violation constitutes a separate offense.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2311 - Restrictions on recreational spotlighting

§ 2311. Restrictions on recreational spotlighting.
(a) Unlawful acts.--
It is unlawful for any person to cast or to assist any other person in casting the rays of a spotlight, vehicle headlight or any other artificial light of any kind from any vehicle, watercraft, airborne craft or any attachment to such vehicles or crafts:
(1) Upon any building at any time.
(2) In any manner which frightens, excites or harasses any livestock, poultry or other farm animal.
(3) To search for or locate for any purpose any game or wildlife anywhere within this Commonwealth, other than specified in paragraph (4), daily between the hours of 11 p.m. and sunrise on the following day.
(4) To search for or locate for any purpose any game or wildlife anywhere within this Commonwealth at any time during the antlered deer rifle season and during the antlerless deer rifle season.
(5) Upon photoelectric cell lights.
The provisions of this subsection shall not apply if it is proven that the headlights of a vehicle or conveyance were being used while traveling on a roadway in the usual way.
(b) Penalty.--
A violation of this section is a summary offense of the fifth degree.
(June 28, 1993, P.L.178, No.37, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2313 - Investigation and seizure of game or wildlife

§ 2313. Investigation and seizure of game or wildlife.
(a) Response to questions.--
The operator of any vehicle or craft transporting any game or wildlife shall answer, without evasion, any pertinent question posed by a commission officer.
(b) Seizure.--
Any officer making an inquiry pursuant to subsection (a) who is not satisfied as to the legal possession or ownership of the game or wildlife being transported may seize and take possession of the game or wildlife pending further investigation. If, after appropriate investigation, the officer is satisfied that the game or wildlife was lawfully taken, possessed and transported, the seized game or wildlife shall be returned to the owner.
(c) Penalty.--
A violation of this section is a summary offense of the fifth degree.
(d) Contraband.--
Any game or wildlife transported in violation of this section is contraband.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2314 - Trespass on private property while hunting

§ 2314. Trespass on private property while hunting.
(a) General rule.--
A person, while engaged in hunting or furtaking, commits an offense if, knowing that the person is not licensed or privileged to do so, the person:
(1) enters or remains on any land of another without authorization to do so, when the land is posted in a manner prescribed by law or reasonably likely to come to the person's attention or is fenced or enclosed in a manner manifestly designed to exclude trespassers; or
(2) enters or remains on any land of another without authorization and defies an order not to enter or to leave that has been personally communicated to the person by the owner of the land or other authorized person.
(b) Applicability.--
This section shall not apply to an unarmed person who enters onto posted property for the sole purpose of retrieving a hunting dog.
(1) (Deleted by amendment).
(2) (Deleted by amendment).
(c) Penalty.--
An offense under this section shall be graded as follows:
(1) A person who violates subsection (a)(1) commits a summary offense of the third degree.
(2) A person who violates subsection (a)(2) commits a misdemeanor.
(3) A person who commits a second or subsequent violation of this section within a seven-year period commits a misdemeanor, and the second or subsequent violation shall result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of one year.
(d) Enforcement.--
The director shall authorize the police department of each municipal corporation to assist in the enforcement of this section as necessary, in addition to those under section 903 (relating to delegation of enforcement powers).
(Dec. 22, 2005, P.L.467, No.90, eff. 60 days; July 9, 2010, P.L.387, No.54, eff. 60 days; Nov. 27, 2019, P.L.739, No.107, eff. 90 days)
2010 Amendment.
See section 6 of Act 54 in the appendix to this title for special provisions relating to public notice.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2315 - Hunting on Sunday without written permission

§ 2315. Hunting on Sunday without written permission.
(a) General rule.--
A person required to secure a hunting license to hunt commits an offense if, while engaged in hunting on Sunday under section 2303(b.1)(4) (relating to hunting on Sunday prohibited), the person enters private land without obtaining written permission of the landowner, an agent of the landowner or lessee.
(b) Penalty.--
A person who violates subsection (a) commits a summary offense of the third degree.
(Nov. 27, 2019, P.L.739, No.107, eff. 90 days)
2019 Amendment.
Act 107 added section 2315.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2322 - Prohibited devices and methods

§ 2322. Prohibited devices and methods.
(a) General rule.--
Except as otherwise provided in this title or commission regulation, no person shall hunt, kill or take or attempt, aid, abet, assist or conspire to hunt, kill or take any big game, except wild turkey, with any of the following devices or methods:
(1) Any device other than a centerfire or muzzle-loading firearm or bow and arrow.
(2) Any automatic or semiautomatic firearm, except that any semiautomatic firearm modified to permit one shell in the chamber and no more than four shells in a magazine may be used by a person who suffered an amputation or lost the total use of one or both hands.
(3) Any firearm propelling more than one projectile per discharge.
(4) Any projectile which is not all lead or which is not designed to expand on contact.
(5) When any big game is swimming.
(6) By any other method or device which is not specifically authorized or permitted by this title or commission regulation.
(b) Penalty.--
A violation of this section is a summary offense of the fifth degree.
(c) Contraband.--
Any big game killed contrary to this section is contraband.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2324 - Parties hunting big game

§ 2324. Parties hunting big game.
(a) Power of commission.--
The commission may establish limitations applicable to groups or parties of persons hunting together or in unison or in any other manner cooperating with others while hunting for big game.
(b) Inspection of roster.--
(Deleted by amendment).
(b.1) Exclusion.--
Limitations established by the commission under this section shall not include a roster requirement.
(c) Penalty.--
A violation of this section is a summary offense of the seventh degree.
(Nov. 27, 2013, P.L.1148, No.103, eff. 60 days)
Cross References.
Section 2324 is referred to in section 2701 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2325 - Cooperation after lawfully killing big game

§ 2325. Cooperation after lawfully killing big game.
(a) General rule.--
Except as provided in section 2301(b) (relating to lawful cooperation or assistance) and subsection (a.1), it is unlawful for any person who has lawfully killed any big game to hunt for or cooperate with any other person hunting for big game of the same species while carrying a loaded firearm of any kind, a bow and nocked arrow or any other device capable of killing any big game.
(a.1) Exception.--
Nothing in this section shall prohibit any person from carrying a loaded handgun in the field provided that person is in compliance with 18 Pa.C.S. § 6109 (relating to licenses).
(b) Penalty.--
A violation of this section is a summary offense of the fourth degree.
(Apr. 13, 1988, P.L.350, No.52, eff. July 1, 1988)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2326 - Excess kill of big game

§ 2326. Excess kill of big game.
(a) General rule.--
It is unlawful for any body of persons hunting in unison or cooperating in any manner with each other while hunting to kill or be in possession of more than the lawful number of big game as fixed by commission regulation.
(b) Individual liability.--
Every person hunting together or in any manner cooperating with others in hunting for big game shall be individually liable for the penalty imposed for such big game killed in excess of the number set by commission regulation.
(c) Excess kill delivered to commission.--
In all circumstances where more than the lawful number of big game is killed by a hunting party, any excess big game shall be turned over to the nearest officer of the commission within 12 hours after killing.
(d) Penalties.--
(1) Any violation of this section relating to a bear or elk is a summary offense of the second degree.
(2) Any violation of this section relating to any other big game is a summary offense of the fourth degree.
(e) Contraband.--
Any big game killed contrary to this section is contraband.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2327 - Subsequent kill if big game unfit for human consumption

§ 2327. Subsequent kill if big game unfit for human consumption.
Any person who legally kills any big game and discovers that the flesh of the big game was unfit for human consumption at the time of killing shall, within 12 hours following the discovery, deliver the entire carcass, less entrails, but including the head and hide, to any commission officer who, being satisfied that the big game was unfit for human consumption at the time killed, shall issue a written authorization to the person to kill a second animal or bird of the same species during the unexpired portion of the season for that species.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2328 - Shipping or transporting big game

§ 2328. Shipping or transporting big game.
(a) General rule.--
Unless properly tagged, it is unlawful for any person to ship or transport the carcass of any big game. The tag shall contain in English the name, address and license number of the owner and the location where the big game was killed.
(b) Portions of big game.--
Any person may transport an unmarked part of a big game carcass that has been legally taken and cut up. Such person shall, upon request of any law enforcement officer, furnish the name, address and license number of the person killing the big game and any other information required to properly establish legal possession.
(c) False information.--
It is unlawful to furnish false or misleading information concerning the carcass or parts thereof in question.
(d) Penalty.--
A violation of this section is a summary offense of the fifth degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2329 - Additional penalty for poaching (Repealed)

§ 2329. Additional penalty for poaching (Repealed).
2010 Repeal.
Section 2329 was repealed July 9, 2010, P.L.387, No.54, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2341 - Possession and transportation of small game

§ 2341. Possession and transportation of small game.
(a) General rule.--
Except as otherwise provided in this title, it is unlawful for any person to transport any small game in excess of the daily possession limits established by the commission unless the small game is accompanied by the owner or is carried upon the same conveyance with the owner.
(b) Transportation without owner present.--
Properly tagged small game unaccompanied by the owner may be transported if a hand-made tag is attached to the small game containing in English the name, address, license number and the signature of the person who killed the small game.
(c) Open to inspection.--
All small game transported pursuant to subsection (a) or (b) shall be carried to permit easy inspection.
(d) Penalty.--
A violation of this section is a summary offense of the seventh degree.
(e) Contraband.--
Any small game transported in violation of this section is contraband.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2362 - Permitted acts

§ 2362. Permitted acts.
Nothing contained in this subchapter shall prevent:
(1) The possession of imported green pelts which were lawfully taken and exported from another state or nation which have attached positive proof in English of where and when they were taken and marked or tagged in accordance with the requirements of that state or nation.
(2) The killing of lawfully taken furbearers with a firearm as prescribed by regulations of the commission.
(3) The lawful taking of furbearers by any resident of this Commonwealth 12 years of age or older after first securing a furtaking license.
(4) The sale of pelts or carcasses of lawfully taken furbearers.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2363 - Trapping exception for certain persons

§ 2363. Trapping exception for certain persons.
Except for section 2704(c) (relating to furtaker's certificate of training), the remaining provisions of this title shall not be construed to prevent or prohibit any person under 12 years of age from trapping furbearers. Persons covered by this section shall not use any firearm other than a .22 caliber rimfire rifle or sidearm and then only when accompanied by an adult.
Cross References.
Section 2363 is referred to in section 2711 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2364 - Penalties

§ 2364. Penalties.
Any violation of this subchapter relating to bobcat or otter is a summary offense of the fourth degree. Except for threatened or endangered species, any other violation of this subchapter is a summary offense of the fifth degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2381 - Dogs pursuing, injuring or killing game or wildlife

§ 2381. Dogs pursuing, injuring or killing game or wildlife.
Except as otherwise provided in this title or by commission regulation, it is unlawful for any person controlling or harboring a dog to permit the dog to chase, pursue, follow upon the track of, injure or kill any game or wildlife at any time.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2382 - Training dogs on small game

§ 2382. Training dogs on small game.
(a) General rule.--
Unless otherwise provided by commission regulation, it is lawful to train a dog or dogs during any time of the calendar year. Persons who are solely training dogs and who comply with the provisions of this section shall not be required to have a hunting or furtaking license. The commission may, by regulation, prohibit or further restrict or relax the training period for specific breeds of dogs on game or wildlife.
(b) Restrictions.--
(1) Any dog being trained pursuant to subsection (a) shall be accompanied by and under the control of the owner or a handler.
(2) The owner or handler or any other person shall not carry a bow and arrow or a firearm fired from the shoulder while training a dog.
(3) No dog shall be permitted to kill or inflict any injury upon the pursued game or wildlife.
(c) Sunday limitation.--
It is unlawful to train dogs on privately owned property on Sunday. This limitation shall not apply to:
(1) National or State forest land.
(2) State game lands.
(3) Privately owned property when the consent of the person in charge of the land is first obtained.
(Dec. 19, 1996, P.L.1442, No.184, eff. 60 days)
Cross References.
Section 2382 is referred to in section 2386 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2383 - Dogs pursuing, injuring or killing big game

§ 2383. Dogs pursuing, injuring or killing big game.
(a) General rule.--
Except as provided in subsection (b), it is unlawful for any person to make use of a dog in any manner to hunt for or to take big game or to permit a dog owned, controlled or harbored by that person to pursue, harass, chase, scatter, injure or make use of a dog to kill any big game.
(b) Exception.--
It shall be lawful to do any of the following:
(1) Make use of a dog to pursue, chase, scatter and track wild turkeys during the fall wild turkey season.
(2) Make use of a leashed tracking dog to track a white-tailed deer, bear or elk in an attempt to recover an animal which has been legally killed or wounded during any open season for white-tailed deer, bear or elk.
(June 30, 2007, P.L.62, No.18, eff. imd.; Mar. 26, 2018, P.L.86, No.11, eff. imd.)
Cross References.
Section 2383 is referred to in section 2386 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2384 - Declaring dogs public nuisances

§ 2384. Declaring dogs public nuisances.
Any dog pursuing or following upon the track of any big game animal in such close pursuit as to endanger the big game animal or to be in the act of attacking the big game animal at any time is hereby declared to be a public nuisance and may be destroyed as provided in this title.
Cross References.
Section 2384 is referred to in section 2385 of this title; section 5561 of Title 18 (Crimes and Offenses).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2385 - Destruction of dogs declared public nuisances

§ 2385. Destruction of dogs declared public nuisances.
(a) General rule.--
A dog declared a public nuisance pursuant to section 2384 (relating to declaring dogs public nuisances) may be killed by any commission officer at any time or by any person when the dog is found to be in the act of attacking a big game animal.
(b) Reports after killing dog.--
Any person who kills a licensed dog pursuant to subsection (a) and section 2384 shall notify the owner or a commission officer within 48 hours after the dog was killed. The person who killed the dog or the commission officer who receives the report shall disclose to the owner of the dog the time, place, circumstances relating to the death of the dog and the location of the dog's remains. All equipment found on the dog, including collar, name tag, license tag or any other personal property, shall be returned to the owner of the dog within ten days after conclusion of any prosecution or immediately if no prosecution is contemplated.
(c) Inapplicability of certain laws.--
(1) The provisions of 18 Pa.C.S. Ch. 55 Subch. B (relating to cruelty to animals) shall not apply to any person killing any dog pursuant to subsection (a).
(2) The provisions of 42 Pa.C.S. Ch. 85 (relating to matters affecting government units) shall not apply to any agency, commission or department or any officers charged by law with enforcing the provisions of this title.
(June 28, 2017, P.L.215, No.10, eff. 60 days)
2017 Amendment.
Act 10 amended subsec. (c)(1).
Cross References.
Section 2385 is referred to in section 5561 of Title 18 (Crimes and Offenses).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 23 - Hunting and Furtaking › Section 2386 - Penalties

§ 2386. Penalties.
(a) General penalty.--
Except as provided in subsection (b), a violation of this subchapter is a summary offense of the fifth degree.
(b) Specific penalties.--
(1) A violation of section 2382(b)(3) (relating to training dogs on small game) is a summary offense of the fourth degree. In addition to the imposition of a penalty, the violator shall also be liable for the replacement costs of the game or wildlife killed or injured as determined by commission regulations.
(2) A violation of section 2383 (relating to dogs pursuing, injuring or killing big game) is a summary offense of the third degree. In addition to the imposition of a penalty, the violator shall also be liable for the replacement costs of the game or wildlife killed or injured as determined by commission regulation.
(c) Second or subsequent conviction.--
Any conviction for a second or subsequent offense shall result in a fine that is double the amount for the first offense.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 34 - GAME › Chapter 25 - Protection of Property and Persons › Section 2503 - Loaded firearms in vehicles

§ 2503. Loaded firearms in vehicles.
(a) General rule.--
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.
(b) Exceptions.--
This section shall not be construed to apply to:
(1) A police officer engaged in the performance of his official duty.
(2) A commission officer engaged in the performance of his duty.
(3) A person carrying a loaded pistol or revolver when in possession of a valid firearms license issued by the chief or head of any police force or the sheriff of a county when the license is issued for protection under 18 Pa.C.S. Ch. 61 Subch. A (relating to Uniform Firearms Act).
(4) Any person as defined in section 2121(c) (relating to killing game or wildlife to protect property) while on lands they control and when not hunting or trapping for game or wildlife.
(5) Any motorboat or other craft having a motor attached or any sailboat if the motor has been completely shut off or the sail furled and its progress therefrom has ceased.
(6) Any political subdivision, its employees or agents, which has a valid deer control permit issued under section 2902(c) (relating to general categories of permits).
The exceptions in paragraphs (1) through (5) do not apply when attempting to locate game or wildlife with an artificial light or when exercising any privileges granted by this title which may be exercised only when not in the possession of a firearm.
(c) Penalty.--
A violation of this section is a summary offense of the fourth degree if the vehicle is in motion. Otherwise the violation is a summary offense of the fifth degree.
(Mar. 29, 1996, P.L.41, No.13, eff. imd.; Dec. 19, 1996, P.L.1442, No.184, eff. 60 days)
2022 Correction.
The Legislative Reference Bureau removed language that was erroneously added in subsec. (a).
1996 Amendments.
Acts 13 and 184 amended subsec. (b).