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PRSRT STDU.S. POSTAGE

PAID

HARRISBURG, PAPERMIT NO. 432

M IKE P EIFER

Representative

139 th District Sportsmen’s Update

Second Amendment Under FireThe Second Amendment is one of the most important liberties granted to men and women in the Commonwealth of Pennsylvania.

This basic human right ensures that no family is left helpless and dependent on government to protect itself against harm. Despitethe clear language of the Second Amendment – “the right of the people to keep and bear arms shall not be infringed” – this right isconstantly under attack from those who seek to empower government at the expense of individual liberty.

Opponents of the right to bear arms often argue that citizens have nothing tofear because government is here to protect them. However, this defies the spiritof rugged individualism on which our country was founded. No man or womanshould be forced to wait for the police to arrive in order to defend their property or even their life.

There is an old saying that goes “when guns are outlawed, only outlaws willhave guns.” Every effort to infringe on the Second Amendment rights of law-abid-

ing Pennsylvanians only serves to empower the criminals and lawbreakers who pay no regard to the rules enacted by legislatures and enforced by judges.This newsletter contains information about some recent court decisions across the nation and in Pennsylvania that uphold the

Second Amendment. To sign the “Say No to Gun Control” petition, visit RepPeifer.com .

Recent Second Amendment Court Decisions of NoteOn June 28, the U.S. Supreme Court upheld the Second Amendment’s guarantee of an individual’s right to bear arms by ruling

5-4 in the McDonald vs. Chicago case, which overturned a lower court ruling involving a Chicago handgun ban.This ruling is in accord with another case from two years ago, District of Columbia vs. Heller, which dealt with federal law. Both

cases challenged local control laws. The Heller case dealt with federal laws administered in Washington, D.C. by the federal govern-ment, and the McDonald case applies the Second Amendment to local gun laws.

This most recent case overruled Chicago’s handgun law as “unenforceable.” The Chicago law effectively banned handgun pos-session by almost all private citizens. Both cases affirm the right to gun ownership nationwide, which is considered an integral partof the Second Amendment. Second Amendment opponents still believe some sort of less-restrictive local gun control laws, such asreporting requirements for lost or stolen guns, could mesh with the Second Amendment, and in fact, just prior to this U.S. SupremeCourt ruling, a Pennsylvania court allowed Pittsburgh to keep its lost or stolen gun ordinance designed to prevent ‘straw purchases.’The Commonwealth Court ruled 2-1 to uphold Pittsburgh’s lost or stolen gun ordinance, but it is unclear if the U.S. Supreme Courtruling in these Supreme Court cases strikes down specific local gun laws such as the Pittsburgh law. This might mean future rulingsto follow.

The Castle DoctrineThere has been much talk in Pennsylvania of legislation known as the Castle Doctrine, which empowers a person to protect his or

her home with lethal force, if necessary, when an intruder attempts to enter the property. The principle applies to your vehicle as wellas your home. House Bill 40, which was recently approved by the House Judiciary Committee and is now in the House Appropria-tions Committee, would establish this right in Pennsylvania.

If enacted, Pennsylvania would be the 24th state in the nation to adopt the Castle Doctrine and offer specific protection againstcivil liability for the lawful use of force in self-defense. The goal of the bill is to fully restore the legal ability of law-abiding gun ownersto use lethal force to defend themselves outside of their homes, businesses, automobiles or in state parks against violent criminals.The bill would create an assumption that an attacker or intruder who is in the process of unlawfully and forcefully entering a home orcar intends to do great bodily harm to the occupants.

There are exceptions. The presumption does NOT apply if the person entering the home was another resident, a law enforcementofficer or a parent, grandparent or other guardian removing a child from the home or vehicle. The presumption does NOT apply if aperson was using their home or vehicle to further criminal activity.

The bill will eliminate the “duty to retreat” before using lethal force inside the home or occupied vehicle. There must be a dem-onstration of reasonable belief that you were in imminent danger in order to use lethal force. There is a civil immunity safeguard builtinto the bill that would prevent a law-abiding citizen from being forced into a frivolous lawsuit due to self-defense. This legislationdoes NOT endorse unlawful aggression; rather, it provides individuals with the necessary legal protection to RESPOND to unlawfulaggression.

______________________________“The right of the citizens to bear arms

in defense of themselves and the State shall not be questioned.”

~Pennsylvania Constitution ______________________________

Mike Peifer rallied

in favor of the Second Amendment

on April 27 with Wayne LaPierre,

Executive Vice President of the National Rifle Association.

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Anti-Poaching Bill Becomes Act 54 of 2010 An amendment to the Game and Wildlife Code that increases penalties and fines for poaching committed against Pennsylvania

wildlife was signed into law on July 9 and will take effect 60 days from that date.I was the second co-sponsor of House Bill 1859, which was authored by Game and Fisheries

Committee Chairman Rep. Ed Staback (D-Lackawanna), who I serve with on the committee.Notice will be included in the next edition of the Pennsylvania Hunting and Trapping Digest

and summaries of the changes will be provided to each issuing agent in the state.

Poachers and black market sellers of game will think twice when they consider these stifferpenalties, which include steep fines and jail time for illegally killing wildlife.The law will significantly increase fines and penalties for violations of the Game Code re-

lating to the illegal killing of game or wildlife, especially for the illegal taking of big game.Pennsylvania’s law will be made similar to other states and marks the first increase in Pennsylvaniagame law penalties in decades.

Under the new law, illegally shooting a deer out of season or at night with a light would be atleast a $1,000 fine, up from the customary $200 to $300, with the possibility of a year in jail.

The punishment for shooting other big game or multiple deer is raised from a summary of-fense (a fine) to a misdemeanor (possible jail time) and would be increased, in some cases, to afelony level offense.

Taking wildlife illegally is a kind of theft. Wildlife officers describe poaching in many ways,labeling it an ‘addiction’ in some cases to a money-making industry in others. Many sportsmen are

very vocal when it comes to penalizing poachers of Pennsylvania’s wildlife, especially big game.Threatened and endangered species are better protected by this law, which also addresses

the commercialization and illegal sale of animal parts. Organs and other specific animal parts aresometimes highly coveted and are sold on the black market, commanding high prices.

This is a disturbing trend, and until now, Pennsylvania’s penalties were considered a slap onthe wrist. Now there is prison time for repeated poaching, spotlighting and illegally taking certainendangered animals, which is graded a third-degree felony.

Buying or selling game, and unscrupulously trading in the black-market, will result in more severepunishments, including high fines and more serious charges of misdemeanors and felonies.

Mistaken KillsThe new law includes a

smarter approach to a situationsometimes arising in the field.

Previously, mistaken killscould be turned in by a hunterand later be deemed a muchmore serious “negligent” killby a Wildlife Conservation Of-ficer. Fines for negligent killscan reach $500.

The new law removes thepossibility of this additionalpenalty. Now, if a hunter mis-takenly takes a game animal inseason, he will present it to thecommission officer and pay thecurrent processing fee due forthat species with no possibility of further charges being filed.The fee for a deer is $25.

PALS and County Treasurers Antlerless deer license application buyers can check the status

of their applications thanks to the Pennsylvania Automated LicenseSystem (PALS), as county treasurers begin processing applicationsduring 2010-11.

To access the information, go to the Game Commission website(www.pgc.state.pa.us), and click on the blue box in the upper right-hand corner of the homepage and proceed through the menus.

The system is designed to protect an individual’s personalinformation, while at the same time enabling a quick applicationstatus check. As doe licenses are processed by county treasurers,a license buyer’s application status will be updated as soon as acounty treasurer’s office allocates a license to a license-buyer’saccount.

2010 River of the Year!The Lackawaxen River has been named River of the Year for 2010 by the Department of Conservation and Natural Resources (DCNR). Known for fly fishing, canoeing, birding and wildlife, the Lacakawaxen flows 25 miles through three counties, with a watershed of 600 square miles. DCNR’s selection emphasizes the environmental value of this natural resource.

Alex Sandercock and his buddy Sean Flynn both shot a nice doe on the last drive of the season.

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www.RepPeifer.com

Adopted 2010-11 Season Hunting Seasons and Bag LimitsSQUIRRELS, Red, Gray, Black and Fox (Combined): Special season for eligible junior hunters, with or without required license,

and mentored youth – Oct. 9-15 (6 daily, 12 in possession limit after first day).SQUIRRELS, Red, Gray, Black and Fox (Combined): Oct. 16-Nov. 27; Dec. 13-23 and Dec. 27-Feb. 5 (6 daily, 12 posses-

sion).RUFFED GROUSE: Oct. 16–Nov. 27, Dec. 13-23 and Dec. 27-Jan. 22 (2 daily, 4 possession).

RABBIT (Cottontail): Special season for eligible junior hunters, with or without required license: Oct. 9-16 (4 daily, 8 posses-sion).RABBIT (Cottontail): Oct. 23-Nov. 27, Dec. 13-23 and Dec. 27-Feb. 26 (4 daily, 8 possession).PHEASANT: Special season for eligible junior hunters, with or without required license – Oct. 9-16 (2 daily, 4 in possession). Male

pheasants only in WMUs 2A, 2B, 2C, 4C, 4E, 5A and 5B. Male and female pheasants may be taken in all other WMUs. There is noopen season for the taking of pheasants in any Wild Pheasant Recovery Areas in any WMU.

PHEASANT: Male only in WMUs 2A, 2B, 2C, 4C, 4E, 5A and 5B – Oct. 23-Nov. 27. Male and female may be taken in all other WMUs – Oct. 23-Nov. 27, Dec. 13-23 and Dec. 27-Feb. 5 (2 daily, 4 in possession). There is no open season for the taking of pheas-ants in any Wild Pheasant Recovery Areas in any WMU.

BOBWHITE QUAIL: Oct. 23-Nov. 27 (4 daily, 8 possession). (Closed in WMUs 4A, 4B, 5A, 5B, 5C and 5D.)HARES (SNOWSHOE RABBITS) OR VARYING HARES: Dec. 27–Jan. 1 (1 daily, 2 possession).

WOODCHUCKS (GROUNDHOGS): No closed season, except: Sundays; during the antlered and antlerless deer seasons; andduring legal hunting hours of the spring gobbler turkey season.

CROWS: July 2-April 10, on Friday, Saturday and Sunday only. No limit.STARLINGS AND ENGLISH SPARROWS: No closed season, except during the antlered and antlerless deer seasons and during legal hunting hours of the spring gobbler turkey season. No limit.

WILD TURKEY (Male or Female): Wildlife Management Units 1A, 1B and 2A (Shotgun and bow and arrow) – Nov. 13-19 andNov. 25-27; WMU 2B (Shotgun and bow and arrow) – Nov. 6-19 and Nov. 25-27; WMUs 2C, 2D, 2E, 4A, 4B and 4D – Nov. 13-19 and Nov. 25-27; WMUs 2F, 2G, 3A, 3B, 3C, 3D, 4C and 4E – Nov. 6-19 and Nov. 25-27; WMU 5A – Nov. 16-18; WMUs 5B,5C and 5D – CLOSED TO FALL TURKEY HUNTING.

SPRING GOBBLER (Bearded bird only): Special season for eligible junior hunters, with required license, and mentored youth– April 23, 2011. Only 1 spring gobbler may be taken during this hunt.

SPRING GOBBLER (Bearded bird only): April 30-May 31, 2011. Daily limit 1, season limit 2. (Second spring gobbler may beonly taken by persons who possess a valid special wild turkey license.) From April 30-May 14, legal hunting hours are one-half hourbefore sunrise until noon; from May 16-31, legal hunting hours are one-half hour before sunrise until one-half hour after sunset.

BLACK BEAR (Statewide) Bow and Arrow only: Nov. 15-19. Only 1 bear may be taken during the license year.

BLACK BEAR (Statewide): Nov. 20, and Nov. 22-23. Only 1 bear may be taken during the license year.ELK (Antlered or Antlerless): Nov. 1-6. Only one elk may be taken during the license year.ELK, EXTENDED (Antlered and Antlerless): Nov. 8-13. Only one elk may be taken during the license year. Eligible elk license

recipients who haven’t harvested an elk by Nov. 6, in designated areas.Elk, Special Conservation Tag (Antlered or Antlerless): Sept. 1-Nov. 6. One elk tag for one antlered or antlerless elk will be auc-

tioned at the Rocky Mountain Elk Foundation annual banquet.DEER, ARCHERY (Antlerless Only) WMUs 2B, 5C and 5D: Sept. 18-Oct. 1 and Nov. 15-27. One antlerless deer with each

required antlerless license.DEER, ARCHERY (Antlered and Antlerless) WMUs 2B, 5C and 5D: Oct. 2-Nov. 13 and Dec. 27-Jan. 29. One antlered deer per

hunting license year. One antlerless deer with each required antlerless license.DEER, ARCHERY (Antlered and Antlerless) Statewide: Oct. 2-Nov. 13 and Dec. 27-Jan. 15. One antlered deer per hunting license

year. One antlerless deer with each required antlerless license.DEER (Antlered and Antlerless) WMUs 1A, 1B, 2A, 2B, 2F, 3A, 3B, 3D, 4A, 4C, 5A, 5B, 5C and 5D: Nov. 29-Dec. 11. One

antlered deer per hunting license year. An antlerless deer with each required antlerless license.DEER (Antlered Only) WMUs 2C, 2D, 2E, 2G, 3C, 4B, 4D and 4E: Nov. 29-Dec. 3. One antlered deer per hunting license year.(Holders of valid DMAP antlerless deer permits may harvest antlerless deer on DMAP properties during this period.)

DEER (Antlered and Antlerless) WMUs 2C, 2D, 2E, 2G, 3C, 4B, 4D and 4E: Dec. 4-11. One antlered deer per hunting licenseyear. An antlerless deer with each required antlerless license.

DEER, ANTLERLESS (Statewide): Oct. 21-23. Junior and Senior License Holders, Disabled Person Permit (to use a vehicle)Holders, and Pennsylvania residents serving on active duty in U.S. Armed Services or in the U.S. Coast Guard only, with required ant-lerless license. Also included are persons who have reached or will reach their 65th birthday in the year of the application for a licenseand hold a valid adult license, or qualify for license and fee exemptions under section 2706. One antlerless deer with each requiredantlerless license.

DEER, ANTLERLESS MUZZLELOADER (Statewide): Oct. 16-23. An antlerless deer with each required antlerless license.DEER, ANTLERED OR ANTLERLESS FLINTLOCK (Statewide): Dec. 27-Jan. 15. One antlered deer per hunting license year,

or one antlerless deer and an additional antlerless deer with each required antlerless license.DEER, ANTLERED OR ANTLERLESS FLINTLOCK (WMUs 2B, 5C, 5D): Dec. 27-Jan. 29. One antlered deer per hunting

license year, or one antlerless deer and an additional antlerless deer with each required antlerless license.DEER, Antlerless (WMUs 2B, 5C and 5D): Dec. 27-Jan. 29. An antlerless deer with each required antlerless license.DEER, ANTLERLESS (Military Bases): Hunting permitted on days established by the U.S. Department of the Army at Letterkenny

Army Depot, Franklin County; New Cumberland Army Depot, York County; and Fort Detrick, Raven Rock Site, Adams County. Anantlerless deer with each required antlerless license.

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