Representative PRSRT STD

BOB GODSHALLrd
U.S. POSTAGE
PAID
HARRISBURG, PA

53 District PERMIT NO. 432

Sportsmen’s Update

Second Amendment Under Fire

The 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. Despite the
clear language of the Second Amendment – “the right of the people to keep and bear arms shall not be infringed” – this right is constantly
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 to fear because government is here to protect them.
However, this defies the spirit of rugged individualism on which our country was founded. No man or woman should 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 will have guns.” Every effort to infringe on the Second
Amendment rights of law-abiding 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 BobGodshall.com.

“The right of the citizens to bear arms

in defense of themselves and the
State shall not be questioned.”
~Pennsylvania Constitution
Recent Second Amendment
Court Decisions of Note
On 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 government, 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 part
of the Second Amendment. Second Amendment opponents still
believe some sort of less-restrictive local gun control laws, such as
reporting requirements for lost or stolen guns, could mesh with the
Second Amendment, and in fact, just prior to this U.S. Supreme
Court 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 Court
ruling in these Supreme Court cases strikes down specific local
gun laws such as the Pittsburgh law. This might mean future rul-
ings to follow.
The Castle Doctrine
There 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 well
as 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 against
civil 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
owners to 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 or car 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 enforcement officer or a parent, grandparent or other guard-
ian removing a child from the home or vehicle. The presumption
does NOT apply if a person 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 built
into the bill that would prevent a law-abiding citizen from being
forced into a frivolous lawsuit due to self-defense. This legisla-
tion does NOT endorse unlawful aggression; rather, it provides
individuals with the necessary legal protection to RESPOND to
unlawful aggression.
 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-Lacka-
wanna), who I serve with on the committee.
Mistaken Kills 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
The new law includes a black market sellers of game will think twice when they consider these stiffer penalties, which
smarter approach to a situation include steep fines and jail time for illegally killing wildlife.
sometimes arising in the field. The law will significantly increase fines and penalties for violations of the Game Code relat-
Previously, mistaken kills ing to the illegal killing of game or wildlife, especially for the illegal taking of big game.
could be turned in by a hunter Pennsylvania’s law will be made similar to other states and marks the first increase in Pennsylvania
and later be deemed a much game law penalties in decades.
more serious “negligent” kill Under the new law, illegally shooting a deer out of season or at night with a light would be at
by a Wildlife Conservation Of- least a $1,000 fine, up from the customary $200 to $300, with the possibility of a year in jail.
ficer. Fines for negligent kills The punishment for shooting other big game or multiple deer is raised from a summary offense
can reach $500. (a fine) to a misdemeanor (possible jail time) and would be increased, in some cases, to a felony
The new law removes the level offense.
possibility of this additional Taking wildlife illegally is a kind of theft. Wildlife officers describe poaching in many ways,
penalty. Now, if a hunter mis- labeling it an ‘addiction’ in some cases to a money-making industry in others. Many sportsmen
takenly takes a game animal in are very vocal when it comes to penalizing poachers of Pennsylvania’s wildlife, especially big
season, he will present it to the game. Threatened and endangered species are better protected by this law, which also addresses
commission officer and pay the the commercialization and illegal sale of animal parts. Organs and other specific animal parts are
current processing fee due for sometimes highly coveted and are sold on the black market, commanding high prices.
that species with no possibility This is a disturbing trend, and until now, Pennsylvania’s penalties were considered a slap on
of further charges being filed. the wrist. Now there is prison time for repeated poaching, spotlighting and illegally taking certain
The fee for a deer is $25. endangered animals, which is graded a third-degree felony.
Buying or selling game, and unscrupulously trading in the black-market, will result in more se-
vere punishments, including high fines and more serious charges of misdemeanors and felonies.

PALS and County Treasurers

Antlerless deer license application buyers can check the status
of their applications thanks to the Pennsylvania Automated License
System (PALS), as county treasurers begin processing applications
during 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 personal
information, while at the same time enabling a quick application
status check. As doe licenses are processed by county treasurers,
a license buyer’s application status will be updated as soon as a
county treasurer’s office allocates a license to a license-buyer’s
account.

The 19th annual trout fishing derby at Perkiomen Creek in

Morwood, sponsored by Rep. Godshall and the Franconia
Township Parks and Recreation Commission, introduces
children to the sport of fishing. The event attracts about 300
children and family members each year.

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.

www.BobGo
 Adopted 2010-11 Season Hunting Seasons and Bag Limits
SQUIRRELS, 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 no
open 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; and
during 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 and
Nov. 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 be
only taken by persons who possess a valid special wild turkey license.) From April 30-May 14, legal hunting hours are one-half hour
before 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 license
year. 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 license
and hold a valid adult license, or qualify for license and fee exemptions under section 2706. One antlerless deer with each required
antlerless 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. An
antlerless deer with each required antlerless license.

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Changes to Black Bear, Rabbit Season 2010

The Pennsylvania Game Commission has changed the state’s black bear season. The board moved the start of the
three-day firearms bear season to Saturday, Nov. 20, a significant change from the traditional opening day, the Monday
before Thanksgiving. The 2010 season continues on Monday and Tuesday, Nov. 22 and 23. The board also added a new
statewide five-day archery bear hunt from Nov. 15 through 19.
All extended bear seasons that were previously held during all or portions of the first week of the firearms deer season
have been eliminated.
In response to opening bear season beginning on Saturday,
Nov. 20, the board adopted an amendment to avoid overlapping
fall turkey and bear seasons. Check the Game Commission website
at www.pgc.state.pa.us for specifics for wildlife management areas
across the state.

Junior Hunters Rabbit Season

To continue efforts to recruit young hunters, a special rabbit
season for junior hunters coinciding with junior pheasant season
in early October has been added. A junior rabbit season will be
held Oct. 9 through 16. The season will be open to juniors age
12 to 16, with or without a license, when properly accompanied
by an adult. Daily and field possession limits are the same as the
general rabbit season, four daily and eight in possession. This
junior rabbit season will not be part of the Mentored Youth Hunt-
ing Program, which is for youth under the age of 12.

2011 Spring
Gobbler Season
The season is set to run from April 30 through May 31, but
the legal hunting hours have been revised. From the opening day
of the spring gobbler season through the third Saturday (April 30
to May 14) the current one-half hour before sunrise until noon
times will be in effect. However, the remainder of the season (May
16-31) will run all day, from one-half hour before sunrise until
one-half hour after sunset.

Rep. Godshall’s Offices

HARRISBURG OFFICE: DISTRICT OFFICE:
150 Main Capitol 1702 Cowpath Road
Harrisburg, PA 17120-2053 Hatfield, PA 19440
Phone: (717) 787-7424 Phone: (215) 368-3500

www.BobGodshall.com