Carrying while hunting

[Frenchy]

[quote]good read on Mens rea if you wish to do so...
http://en.wikipedia.org/wiki/Mens_rea[/quote]
then just one page over from there...
Willful blindness is a term used in law to describe a situation in which an individual seeks to avoid civil or criminal liability for a wrongful act by intentionally putting himself in a position where he will be unaware of facts which would render him liable. For example, in a number of cases, persons transporting packages containing illegal drugs have asserted that they never asked what the contents of the packages were, and therefore lacked the requisite intent to break the law. Such defenses have not succeeded, as courts have been quick to determine that the defendant should have known what was in the package, and exercised criminal recklessness by failing to find out before delivering it.
http://en.wikipedia.org/wiki/Willful_blindness

[JayBell]

"willful blindness"...is that like Schultzs "I know NUSSING!"

thats just "willful stupidity" in the cases mentioned like drug carrying, who, but a total and complete moron(or deliberate mule) would ever claim to carry a package for someone without knowing the contents...

thats dumbtastic!

[Steve in PA]

"Mens Rea" deals with the act or ability to commit a criminal act, which you also have to combine with culpability.

Certain acts, such as carrying a loaded weapon in your vehicle without a license, are a violation of the law by just doing so. There is no need to prove intent, you either did it, or you didn't.

Its like speeding. I don't have to prove you intended to speed, you either were speeding or you weren't. This comparison is rather wide but you get my point.

Several posts ago when I said the intent was there with the loaded pistol, it still works. You can say "I didn't intend to carry it home like that"........but you did. Was your act one of forgetfulness? Yeah, more than likely.......but just because you say so, doesn't mean its true.

I don't need anything more than finding the loaded pistol to charge you. Think open container in a vehicle. "But officer, I didn't intend to drink from it". Doesn't matter.......its still a violation.

Would I arrest or cite someone for finding a loaded handgun in a case, assuming I had a legal right to find such a thing? Probably not, unless there was more going on than transporting the firearm in a manner contrary to the law.

[Frenchy]

Originally Posted by JayBell

"willful blindness"...is that like Schultzs "I know NUSSING!"

thats just "willful stupidity" in the cases mentioned like drug carrying, who, but a total and complete moron(or deliberate mule) would ever claim to carry a package for someone without knowing the contents...

thats dumbtastic!

You just called just about every mailman dumb, they never know what they are carrying...
Many truckers dont really know what they are carrying, sure they know where it comes from where its going, but not always whats in the boxes...
More people carry every day with out knowing just what they are carrying.

In Montreal there was an exhibit of a diamond, millions of dollars, 3 armored trucks where robbed because people thought the diamond was in it... Diamond made it in the exhibit with out a problem. how the postal system. No one knew it was comming in a simple cardboard box! Not even the post master.

[stimpy17]

Well heck, I have to add my $.02 worth.
I've always carried(CCW owner)while hunting, camping or walking and I always will. It has been my understanding that my local Sheriff supersedes all other State and Fed LEO's. This might be because of ours being a Commonwealth.

If I'm wrong-OK. But the chance of being knifed by a hyped-up 18 yo or watch my Wife raped in front of me is now greatly reduced.
To each his own.

[Steve in PA]

The sheriff doesn't supecede anything. He's merely the issuing authority.

The laws (on the state level) are written and issued by the State.

CCW laws do not over-ride or supecede hunting laws, which is why you can't carry semi-auto pistols while hunting.

[stimpy17]

I'll keep that in mind.

[sengie]

I'm with stimpy

[Buckmark.35]

Originally Posted by JayBell

it takes a stupid ignorant sumbiatch of a PAGC officer that thinks that if I'm hunting with a rifle, or a bow, or a whatever, that I'm going to discard my chosen MUCH more accurate and powerful hunting weapon and suddenly drag out my 1911 or HK USP to blast away at those deer that arfe 60yds over there.

Unfortunately, there are those that would do this. These are the same kinds of people that shoot deer under spotlight. This certainly can be exploited during the archery season. You want the deer to be reasonably close (20 - 40 Yards) and the temptation to use a handgun at that distance is there. The increased rate of fire is also attractive if you're close to a deer that is moving.

I certainly believe that the people that would do such a thing are the vast minority. I do, however, see where the PGC is coming from. Really the largest impact will be on the regular archery season where NO firearms are allowed. When hunting bear or deer, you can carry a revolver, so it isn't a stretch to semi-autos and such.