2012 Pennsylvania Consolidated Statutes
Title 34 - GAME
Chapter 23 - Hunting and Furtaking
Section 2308 - Unlawful devices and methods

     § 2308.  Unlawful devices and methods.
        (a)  General rule.--Except as otherwise provided in this
     title, it is unlawful for any person to hunt or aid, abet,
     assist or conspire to hunt any game or wildlife through the use
     of:
            (1)  An automatic firearm or similar device.
            (2)  A semiautomatic rifle or pistol.
            (3)  (Reserved).
            (4)  A semiautomatic shotgun or magazine shotgun for
        hunting or taking small game, furbearers, turkey or
        unprotected birds unless the shotgun is plugged to a two-
        shell capacity in the magazine.
            (5)  Any device operated by air, chemical or gas cylinder
        by which a projectile of any size or kind can be discharged
        or propelled.
            (6)  Any recorded call or sound or recorded or
        electronically amplified imitation of a call or sound of any
        description or any other call or sound or imitation of calls
        or sounds which are prohibited by regulations of the
        commission. The commission shall be authorized, by
        resolution, to adopt rules and regulations authorizing the
        limited use of recorded calls or sounds or recorded or
        electronically amplified imitation of calls or sounds when
        such use is necessary in the commission's judgment to protect
        the public health and safety or to preserve that species or
        any other endangered by it.
            (7)  A vehicle or conveyance of any kind or its
        attachment propelled by other than manpower. Nothing in this
        subsection shall pertain to any motorboat or sailboat if the
        motor has been completely shut off or sail furled, and the
        progress thereof has ceased.
            (8)  Any artificial or natural bait, hay, grain, fruit,
        nut, salt, chemical, mineral or other food as an enticement
        for game or wildlife, regardless of kind and quantity, or
        take advantage of any such area or food or bait prior to 30
        days after the removal of such material and its residue.
        Nothing contained in this subsection shall pertain to normal
        or accepted farming, habitat management practices, oil and
        gas drilling, mining, forest management activities or other
        legitimate commercial or industrial practices. Upon discovery
        of such baited areas, whether prosecution is contemplated or
        not, the commission may cause a reasonable area surrounding
        the enticement to be posted against hunting or taking game or
        wildlife. The posters shall remain for 30 days after complete
        removal of the bait.
            (9)  Any setgun, net, bird lime, deer lick, pit or pit
        fall, turkey blind except as permitted under subsection
        (b)(3) or turkey pen or any explosive, poison or chemical of
        any kind.
            (9.1)  Any device which permits the release of two or
        more arrows simultaneously on a single full draw of a bow.
            (10)  Any other device or method of any kind prohibited
        by this title or regulations promulgated under this title.
        (b)  Exceptions.--The provisions of subsection (a) shall not
     apply to:
            (1)  (i)  Any archery sight or firearm's scope which
            contains and uses any mechanical, photoelectric,
            ultraviolet or solar-powered device to solely illuminate
            the sight or crosshairs within the scope.
                (ii)  Except as otherwise provided under subparagraph
            (iii), no archery sight or firearm's scope shall contain
            or use any device, no matter how powered, to project or
            transmit any light beam, infrared beam, ultraviolet light
            beam, radio beam, thermal beam, ultrasonic beam, particle
            beam or other beam outside the sight or scope onto the
            target.
                (iii)  (A)  A flashlight or spotlight may be mounted
                on a firearm to take furbearers if the sole source of
                power for the flashlight or spotlight is contained
                within the flashlight or spotlight or on the person.
                    (B)  For the purposes of this subparagraph, a
                flashlight or spotlight mounted on a firearm shall
                not include a device that projects a beam of laser
                light to indicate the intended point of impact for
                one or more projectiles discharged from the firearm.
            (2)  (i)  Any political subdivision, its employees or
            agents, which has a valid deer control permit issued
            under section 2902(c) (relating to general categories of
            permits).
                (ii)  Any licensed hunter in cities of the first
            class, while hunting on private property and using a bow
            and arrow or crossbow, using bait to attract deer for
            removal as provided by commission regulations.
                (iii)  Any licensed hunter in special regulation
            areas, other than counties of the second class, using
            bait to attract deer for removal as provided by
            commission regulations.
            (3)  Any artificial or manufactured turkey blind
        consisting of all manmade materials of sufficient density to
        block the detection of movement within the blind from an
        observer located outside of the blind.
            (4)  Any natural or manmade nonliving bait used to
        attract coyotes for hunting or trapping.
            (5)  Any electronic or mechanical device used to attract
        coyotes for hunting or trapping.
            (6)  Any decoy used in the trapping or hunting of
        furbearers.
        (c)  Penalties.--
            (1)  A violation of subsection (a)(1), (2), (4) or (5) is
        a summary offense of the fifth degree.
            (2)  A violation of subsection (a)(7) is a summary
        offense of the third degree.
            (3)  A violation of any other provision of this section
        is a summary offense of the fourth degree.
     (Apr. 13, 1988, P.L.350, No.52, eff. July 1, 1988; Nov. 25,
     1988, P.L.1082, No.125, eff. imd.; Mar. 29, 1996, P.L.41, No.13,
     eff. imd.; Dec. 19, 1996, P.L.1442, No.184, eff. 60 days; Dec.
     20, 2000, P.L.783, No.111, eff. 60 days; Dec. 20, 2000, P.L.937,
     No.125, eff. imd.; June 28, 2002, P.L.474, No.79, eff. 60 days;
     Dec. 22, 2005, P.L.452, No.86, eff. 60 days; July 3, 2007,
     P.L.79, No.26, eff. 60 days)

        2007 Amendment.  Act 26 amended subsec. (b)(1). Section 2 of
     Act 26 provided that Act 26 shall apply to offenses committed on
     or after the effective date of section 2.
        2005 Amendment.  Act 86 amended subsec. (b).
        2000 Amendments.  Act 111 amended the entire section and Act
     125 amended subsec. (a)(9) and added subsec. (b)(3). Act 125
     overlooked the amendment by Act 111, but the amendments do not
     conflict in substance and have both been given effect in setting
     forth the text of section 2308.