2010 Pennsylvania Code
Title 34 - GAME
Chapter 25 - Protection of Property and Persons
2501 - Hunting or furtaking prohibited while under influence of alcohol or controlled substance.

                                CHAPTER 25
                    PROTECTION OF PROPERTY AND PERSONS

     Subchapter
        A.  Protection of Property
        B.  Protection of Persons

        Enactment.  Chapter 25 was added July 8, 1986, P.L.442,
     No.93, effective July 1, 1987.

                               SUBCHAPTER A
                          PROTECTION OF PROPERTY

     Sec.
     2501.  Hunting or furtaking prohibited while under influence of
            alcohol or controlled substance.
     2502.  Chemical test to determine amount of alcohol.
     2503.  Loaded firearms in vehicles.
     2504.  Shooting on or across highways.
     2505.  Safety zones.
     2506.  Prohibitions within burial grounds.
     2507.  Restrictions on shooting.
     2508.  Protection of institutions, parks and resorts.
     2509.  Damage to property.
     2510.  Littering and restrictions on vehicles.
     2511.  Damage to trees.
     2512.  Unlawful acts on commission lands or waters.
     § 2501.  Hunting or furtaking prohibited while under influence
                of alcohol or controlled substance.
        (a)  General rule.--It is unlawful to hunt or take game,
     furbearers or wildlife or aid, abet, assist or conspire to hunt
     or take game, furbearers or wildlife anywhere in this
     Commonwealth while in possession of a firearm of any kind or a
     bow and arrow if:
            (1)  under the influence of alcohol to a degree which
        renders the person incapable of safe hunting or furtaking;
            (2)  under the influence of any controlled substance, as
        defined by the laws of this Commonwealth and rules and
        regulations promulgated thereunder, to a degree which renders
        the person incapable of safe hunting or furtaking;
            (3)  under the combined influence of alcohol and a
        controlled substance to a degree which renders the person
        incapable of safe hunting or furtaking;
            (4)  the amount of alcohol by weight in the blood of:
                (i)  an adult is 0.10% or greater; or
                (ii)  a minor is 0.02% or greater.
        (a.1)  Prima facie evidence.--
            (1)  It is prima facie evidence that:
                (i)  an adult had 0.10% or more by weight of alcohol
            in his or her blood at the time of hunting or taking of
            game, furbearers or wildlife or the aiding, abetting,
            assisting or conspiring to hunt or take game, furbearers
            or wildlife if the amount of alcohol by weight in the
            blood of the person is equal to or greater than 0.10% at
            the time a chemical test is performed on a sample of the
            person's breath, blood or urine; or
                (ii)  a minor had 0.02% or more by weight of alcohol
            in his or her blood at the time of hunting or taking of
            game, furbearers or wildlife or the aiding, abetting,
            assisting or conspiring to hunt or take game, furbearers
            or wildlife if the amount of alcohol by weight in the
            blood of the minor is equal to or greater than 0.02% at
            the time a chemical test is performed on a sample of the
            minor's breath, blood or urine.
            (2)  For the purpose of this section, the chemical test
        of the sample of the person's or minor's breath, blood or
        urine shall be from a sample obtained:
                (i)  within three hours after the person or minor
            hunted or took game, furbearers or wildlife or aided,
            abetted, assisted or conspired to hunt or take game,
            furbearers or wildlife; or
                (ii)  within a reasonable additional time after the
            person or minor hunted or took game, furbearers or
            wildlife or aided, abetted, assisted or conspired to hunt
            or take game, furbearers or wildlife if the circumstances
            of the incident prevented collecting the sample within
            three hours.
        (a.2)  Legal use no defense.--The fact that any person
     charged with violating this section is or has been legally
     entitled to use alcohol or controlled substances is not a
     defense to a charge of violating this section.
        (a.3)  Exception.--A person who is furtaking shall not be
     deemed in violation of subsection (a) if that person is not in
     possession of a firearm.
        (b)  Penalty.--A violation of the provisions of this section
     shall be a misdemeanor of the third degree. In addition to any
     penalty, the violator shall be denied the right to hunt or trap
     in this Commonwealth, with or without a license, for a period of
     one year.
        (c)  Definition.--As used in this section, the term
     "controlled substance" shall have the meaning ascribed to it by
     the act of April 14, 1972 (P.L.233, No.64), known as The
     Controlled Substance, Drug, Device and Cosmetic Act.
     (Dec. 19, 1996, P.L.1442, No.184, eff. 60 days)

        Cross References.  Section 2501 is referred to in sections
     2502, 2741 of this title.