New Opinion Brings Clarity to Pennsylvania Game Law

In a case brought to appeal by Cornerstone Attorney Eric Winter, the Pennsylvania Commonwealth Court has issued a new opinion bringing more clarity to the definition of road hunting. Road hunting and hunting near roadways have been common concerns for both the Pennsylvania Game Commission and Pennsylvania hunters.

Background: Commonwealth of Pennsylvania v. Richard A. Prentiss

In 2019, Richard Prentiss won a raffle prize from the Keystone Elk Country Alliance that allowed him to receive an early hunting license and kill a single elk with help from professional guides. Prentiss began his week-long hunt in September, with assistance from Kim Rensel and Gary Couteret. They were joined by documentarian Ben Gnan, who filmed the hunt for a potential documentary.

Rensel and Prentiss visited a few hunting locations over the course of three days, spotting various elk. On the third day, after visiting one location, Rensel, Prentiss, and Gnan were en route to a second, planned location. They crossed paths with Couteret, who informed them that “there were elk in the field around the corner.”

Rensel parked and crossed the road with Prentiss. A herd of elk appeared, including a large bull elk. Prentiss took several shots at the bull elk while he was approximately 10 feet from the edge of the road, successfully killing it. They contacted the Game Commission and were congratulated. Everyone believed the day to be a successful hunt.

Upon receiving a copy of the documentary footage in March of 2020, the Game Commission issued separate citations to Prentiss, Rensel, and Couteret. Prentiss was cited for “shooting on or across a highway” (a violation of Section 2504(a)) and “aiding, abetting, concealing, or taking wildlife contrary to a provision of the Game Code” (a violation of Section 2307(a)). He was found guilty and was issued with fines.

Attorney Winter filed an appeal on Prentiss’ behalf at the Court of Common Pleas of Clearfield County. Judge Ammerman issued decisions by mail, finding the defendants guilty. A second appeal was filed at the Commonwealth Court and was argued in September of 2023.

The Ruling at the Commonwealth Court

Part of Prentiss’ charges included “road hunting.” Section 2504 of the Game Code states:

(a) General rule.–It is unlawful for any person to shoot at any game or wildlife while it is on a public highway or on a highway open to use or used by the public or to shoot across a public highway or a highway or roadway open to use or used by the public unless the line of fire is high enough above the elevation of the highway to preclude any danger to the users of the highway. It shall be unlawful for any person, after alighting from a motor vehicle being driven on or stopped on or along a public highway or road open to public travel, to shoot at any wild bird or wild animal while the person doing the shooting is within 25 yards of the traveled portion of the public highway or road open to public travel.

(b) Penalty.–A violation of this section is a summary offense of the fourth degree.

(34 Pa. C.S. §2504)

Prior to this case, the Commonwealth defined road hunting through the Superior Court’s holding in Payne, 995 A.2d at 1241-42. The prohibition against road hunting is to protect highway users from reckless hunting, where a hunter “quickly emerges from a vehicle, and scrambles to shoot at game observed from the highway.” Because Prentiss and his party did not observe the elk from the highway and had already planned on visiting that location, they argued their situation did not meet the standards set previously by Payne.

The Commonwealth Court clarified that Section 2504(a) is a bright-line rule, meaning it is objective and clear. They stated that it “prohibits any person, after exiting a motor vehicle at any time earlier that day, from shooting at a game animal while positioned within 25 yards of the traveled portion of the public road…There are no exceptions for the passage of some appropriate length of time after the hunter leaves the vehicle or where his shot does not endanger anyone on the road.”

With this new opinion, there is now more clarification about what is or is not considered road hunting in Pennsylvania. In this particular case, Prentiss was still found guilty of violating Section 2504, but all other charges against him were dropped.

Contact Cornerstone Law Firm for help.

If you’ve been cited by the Pennsylvania Game Commission, contact Cornerstone Law Firm. Citations of any kind can lead to a suspension of your hunting privileges. Protect your hunting rights and call us today to schedule a consultation.