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Re: Who do you think is in the wrong?
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From Monessen, PA
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30 Pa. Cons. Stat. Ann. § 2701

(a) General rule.--For the purposes of this chapter, any person is eligible for a “Resident Annual Fishing License” when the person:

(1) Has applied to an issuing agent within this Commonwealth or to the commission.

(2) Has established the person's identity, age and the fact that the person is a bona fide resident of this Commonwealth to the satisfaction of the issuing agent or the commission by producing a motor vehicle driver's license or some other positive means of identification.

(3) Has paid the issuing agent or the commission a license fee and issuing agent fee as set forth in section 2715 (relating to license and issuing fees).



30 Pa.C.S.A. § 2702
§ 2702. Nonresident and tourist licenses

(a) Nonresident annual licenses.--For the purposes of this chapter, any person who does not purchase a resident fishing license under section 2701 (relating to resident fishing licenses) is eligible for a “Nonresident Annual Fishing License” when the person:

(1) Has applied to an issuing agent or to the commission.

(2) Has paid the issuing agent or the commission a license fee and issuing agent fee set forth in section 2715 (relating to license, permit and issuing agent fees).




§ 2705. Improper license use and false application

(a) General rule.--No person shall alter, borrow, lend or transfer any license authorized by this title, or give any false or misleading information to an issuing agent or to the commission, its officers or agents in an application for a license.

(b) Penalty.--Any person who violates this section commits a summary offense of the second degree.



Who wishes to take up the Commonwealth's case?

Posted on: 2013/5/1 14:28
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Peace, Tony


Re: Who do you think is in the wrong?
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Interestingly, your unfortunate friend made himself ineligible for the non-resident license by legally purchasing the resident license:

...any person who does not purchase a resident fishing license under section 2701 (relating to resident fishing licenses) is eligible for a “Nonresident Annual Fishing License”....

Posted on: 2013/5/1 14:30
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Peace, Tony


Re: Who do you think is in the wrong?

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KeithS,

You are correct, thinking outside the box does not mean doing whatever you like without consequence, i never said it did. No, i am not a college student, i graduated a long time ago. To answer your earlier question, i am not an anarchist either, just not a fan of aggressive overzealous law enforcement. I wouldnt expect you to understand that though, you seem like a pretty black and white fellow and i am willing to bet you probably have family or friends who make their living as some type of LEO

Wsender, i think you have a reading comprehension issue man, go read the original case presented by the gent who started this thread, there is a lot of grey area there. That or you just only see what you want and not whats there. Either way i feel bad for you

Jdaddy, you going to do the right thing and go pay that fine you owe or what?

Posted on: 2013/5/1 15:37


Re: Who do you think is in the wrong?

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Quote:

timmyt wrote:


Wsender, i think you have a reading comprehension issue man, go read the original case presented by the gent who started this thread, there is a lot of grey area there. That or you just only see what you want and not whats there. Either way i feel bad for you



You have the comprehension issue. There is NO grey area in the original post. The guy is NOT a resident of PA. He was using a resident license. It is a violation to do so. Very black and white.

The only possible grey area in the OP is his acount of how the situation played out, since we only heard his side of the story and not the officers side.

Tony

Posted on: 2013/5/1 15:59


Re: Who do you think is in the wrong?
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Tony, did you bother to read the laws I posted? Maybe you know something we don't. Please enlighten us as to the "back-n-white" of it.

Posted on: 2013/5/1 16:04
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Peace, Tony


Re: Who do you think is in the wrong?

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You are the man JackM

Posted on: 2013/5/1 16:13


Re: Who do you think is in the wrong?

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I do think the statute as written favors an acquittal.

As I read it, if you obtained the license when you were a resident, it remains valid until expiration.

Granted, in the era of the multi-year resident license, this does have some implications that may not have been anticipated.

Posted on: 2013/5/1 16:31


Re: Who do you think is in the wrong?

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Quote:

JackM wrote:
Tony, did you bother to read the laws I posted? Maybe you know something we don't. Please enlighten us as to the "back-n-white" of it.


You didn't post the definition section along with the actual law. If, as I assume it does, the definition of "commission" includes WCO's, then he clearly did not fulfill section 2 and is there for ineligible for a resident license.

Black and white. Case Closed. Pay the fine, scofflaw.

/thread

Posted on: 2013/5/1 16:44


Re: Who do you think is in the wrong?

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timmy,
I'm not a law officer, I'm not really great friends with any, not related to one. I just follow the law and find those that ignore it make life more difficult for the rest of us. Laws are passed to create order for society. Those who ignore the laws care more for themselves than anyone else, and, though not in this case, endanger the rest of us.

Posted on: 2013/5/1 18:52
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To err is human, to forgive depends on the error.


Re: Who do you think is in the wrong?

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Thanks Jack I'll be sure to have him look into it, he may fight it he may not. Not sure.

Posted on: 2013/5/2 3:13


Re: Who do you think is in the wrong?

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"A duly licensed angler who changes his residence during the licensing year must purchase a non-resident license to fish after the change of residence is effective, but shall be entitled to credit toward the cost of his or her non-resident license for all money paid to acquire the resident license for the same year...."

Posted on: 2013/5/2 5:53
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To err is human, to forgive depends on the error.


Re: Who do you think is in the wrong?

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2006/12/13 9:28
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Quote:

KeithS wrote:
"A duly licensed angler who changes his residence during the licensing year must purchase a non-resident license to fish after the change of residence is effective, but shall be entitled to credit toward the cost of his or her non-resident license for all money paid to acquire the resident license for the same year...."


That is the second time we have seen this text in this thread. The first time it was by Jack. I assumed it was provided by Jack as an example of what the law SHOULD say in order to clear this up. If this is law, then we would need a source.


Posted on: 2013/5/2 6:24
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There are certain pursuits which, if not wholly poetic and true, do at least suggest a nobler and finer relation to nature than we know. The keeping of bees, for instance." -Henry David Thoreau--


Re: Who do you think is in the wrong?

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Some of you have some real anger issues. Why are some people getting upset that we are discussing this. Discussion is how we learn. I'm not aiming that at anyone in particular, and certainly not Jason. I'm just quoting him to emphasize an actual point.

Quote:

JasonS wrote:
Quote:

JackM wrote:
Tony, did you bother to read the laws I posted? Maybe you know something we don't. Please enlighten us as to the "back-n-white" of it.


You didn't post the definition section along with the actual law. If, as I assume it does, the definition of "commission" includes WCO's, then he clearly did not fulfill section 2 and is there for ineligible for a resident license.

Black and white. Case Closed. Pay the fine, scofflaw.

/thread


I didn't look it up, but I believe the requirement is that in addition to the license, you have to carry some other form of ID to verify address. If so, this might present a problem.

P.S. //thread

Posted on: 2013/5/2 6:28
_________________
There are certain pursuits which, if not wholly poetic and true, do at least suggest a nobler and finer relation to nature than we know. The keeping of bees, for instance." -Henry David Thoreau--


Re: Who do you think is in the wrong?
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Dave, that was my composition, as you said, of what the law could/should be.

Posted on: 2013/5/2 6:46
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Peace, Tony


Re: Who do you think is in the wrong?

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Quote:

JackM wrote:
Tony, did you bother to read the laws I posted? Maybe you know something we don't. Please enlighten us as to the "back-n-white" of it.


Taken directly from http://fishandboat.com
The same text as wsender posted in the #2 post of this topic.

Only bona fide residents of Pennsylvania are eligible for resident licenses. A bona fide resident of Pennsylvania is a permanent resident of this state who has a fixed intent to return to the Commonwealth when he leaves it and who maintains a permanent place of abode here. For fishing license purposes, a person may not be a bona fide resident of Pennsylvania while claiming residence in another state.
The "permanent home address" measure is a good litmus test for most residency questions. For example: a student from Pittsburgh who attends college eight months a year in Virginia is a considered a resident as long as Pennsylvania remains the student's permanent home address. Conversely, a student whose home is outside the state is not a resident even though they attend a Pennsylvania university.

Positive proof of legal residency, usually a valid PA drivers license, will be required by the issuing agent when purchasing a Resident, Senior Resident or Senior Resident Lifetime fishing license.


Three one minute phone calls to the PFBC verified that once you leave Pa. as your permanent residence and take permanent residence in another state you are no longer considered a resident of Pa. and your resident fishing licence is void.

Fishing License Help Line 877-707-4085
NE Regional Office, Law Enforcement 570-477-5717
SE Regional Office, Law Enforcement 717-262-0228

Good luck, Tony


Posted on: 2013/5/2 9:22



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