Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
Current Title 75 (Vehicle Code) contains a prohibition on possessing a loaded firearm and even includes personal property. Please see the text below that is replicated from the bill and contains the recommended changes in SB 1088.
§ 7727. Additional limitations on operation.
Except as otherwise permitted under Title 34 (relating to game), no person shall:
(1) Operate or ride in any snowmobile [or] , ATV or OHM with any bow and arrows or with any firearm in his possession unless it is unstrung or unloaded.
(2) Drive or pursue any game or wildlife with a snowmobile [or], an ATV or OHM.
The language in Item (1) (on page 29 of the bill) is in direct violation of the Ortiz (1996 PA Supreme Court) decision and Title 18 Section 6109 (m) (3). Further, with modern compound bows many are incapable of being unstrung and restrung in the field.
Our recommendation is that it needs to be struck. I know that they are, ostensibly, only adding ‘or OHM’ to this bill for the most part and especially in this section of law but now is the time to get it struck so there is no conflict with the PA Constitution and Article 1, Section 21 & 25 therein.
Title: In snowmobiles and all-terrain vehicles, further providing for short title of chapter, for definitions, for restricted account, for registration of dealers, for registration or snowmobile or ATV, for limited registration snowmobile or ATV, for certificate of title for snowmobile or ATV, for transfer to or from dealer, for transfer of snowmobile or ATV by operation of law, for issuance of new certificate following transfer, for suspension and cancellation of certificate of title, for application for certificate of title by agent, for perfection of security interest in a snowmobile or ATV, for satisfaction of security interest, for release of security interest, for assignment by secured party of security interest, for snowmobile or ATV purchased from dealer, for fees, for records, for snowmobile and ATV Advisory Committee, for operation on streets and highways, for designation of snowmobile or ATV roads, for special snowmobile or ATV events, for operation on private or State property, for operation by persons under age sixteen, for operation in safe manner, for additional limitations on operation, for accidents and accident reports, for liability of owner for negligence, for liability insurance, for head lamps and tail lamps, for brakes, for mufflers and noise control, for enforcement personnel and procedures and for penalties for violation of chapter; and making editorial changes.
Subject:
Description: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in snowmobiles and all-terrain vehicles, further providing for short title of chapter, for definitions, for restricted account, for registration of dealers, for registration or snowmobile or ATV, for limited registration snowmobile or ATV, for certificate of title for snowmobile or ATV, for transfer to or from dealer, for transfer of snowmobile or ATV by operation of law, for issuance of new certificate following transfer, for suspension and cancellation of certificate of title, for application for certificate of title by agent, for perfection of security interest in a snowmobile or ATV, for satisfaction of security interest, for release of security interest, for assignment by secured party of security interest, for snowmobile or ATV purchased from dealer, for fees, for records, for snowmobile and ATV Advisory Committee, for operation on streets and highways, for designation of snowmobile or ATV roads, for special snowmobile or ATV events, for operation on private or State property, for operation by persons under age sixteen, for operation in safe manner, for additional limitations on operation, for accidents and accident reports, for liability of owner for negligence, for liability insurance, for head lamps and tail lamps, for brakes, for mufflers and noise control, for enforcement personnel and procedures and for penalties for violation of chapter; and making editorial changes.
Session: 2015-2016 Regular Session
Last Action: Referred to TRANSPORTATION
Last Action Date: December 11, 2015
Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.
10 sponsors: John Wozniak; Jay Costa; Robert Mensch; Scott Wagner; John Gordner; Patrick Stefano; John Yudichak; Vincent Hughes; Patrick Browne; Guy Reschenthaler
| Chamber | Date | Action |
| Senate | Dec 11, 2015 | Referred to TRANSPORTATION |
| Type | Date | State Link | Text |
| Introduced | not available | state bill text | bill text |
There have not been any votes on this bill