Pennsylvania Consolidated Statutes

34 Pa. Cons. Stat. § 2301 (2026)

  Prima facie evidence of hunting.

✓ current as of May 2026
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CHAPTER 23

HUNTING AND FURTAKING

 

Subchapter

A.  General Provisions

B.  Hunting Big Game

C.  Hunting Small Game

D.  Furtaking Regulations

E.  Dogs Pursuing Game or Wildlife

 

Enactment.  Chapter 23 was added July 8, 1986, P.L.442, No.93, effective July 1, 1987.

 

 

SUBCHAPTER A

GENERAL PROVISIONS

 

Sec.

2301.  Prima facie evidence of hunting.

2302.  Interference with lawful taking of wildlife or other activities permitted by this title prohibited.

2303.  Hunting on Sunday prohibited (Repealed).

2304.  Ownership of carcass of game or wildlife.

2305.  Retrieval and disposition of killed or wounded game or wildlife.

2306.  Killing game or wildlife by mistake.

2307.  Unlawful taking or possession of game or wildlife.

2308.  Unlawful devices and methods.

2309.  Unlawful removal of game or wildlife from place of refuge.

2310.  Unlawful use of lights while hunting.

2311.  Restrictions on recreational spotlighting.

2312.  Buying and selling game.

2313.  Investigation and seizure of game or wildlife.

2314.  Trespass on private property while hunting.

2315.  Hunting on Sunday without written permission (Repealed).

§ 2301.  Prima facie evidence of hunting.

(a)  General rule.--For the purpose of this title, any one of the following acts shall constitute prima facie evidence of hunting:

(1)  Possession of any firearm, bow and arrow, raptor, trap or other device of any description usable for the purpose of hunting or taking game or wildlife.

(2)  Possession of the carcass or any part or parts of any game or wildlife.

(3)  Pursuing game or wildlife in any manner prohibited by this title or commission regulation.

(b)  Lawful cooperation or assistance.--Notwithstanding any other provision of this title to the contrary, any person who has lawfully taken the bag or season limit for a particular species of game or wildlife or any person who meets the requirements of section 2701(c) (relating to license requirements) may aid, assist, abet or cooperate in any manner specified by this title or commission regulations with another person who is engaged in any lawful activity permitted by this title or the regulations of the commission.

(June 28, 2004, P.L.452, No.48, eff. imd.)

 

2004 Amendment.  Act 48 amended subsec. (b).

Cross References.  Section 2301 is referred to in section 2325 of this title.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1992–2024 · leading case: Commonwealth v. Sellinger, 763 A.2d 525 (Pa. Commw. Ct. 2000).
Commonwealth v. Sellinger, 763 A.2d 525 (Pa. Commw. Ct. 2000). “Under the Game and Wildlife Code the possession of a firearm suitable for hunting is prima facie evidence that a person is engaged in the act of hunting (34 Pa.C.S. § 2301). The Commonwealth charged the Appellants with hunting by the use of bait after they were observed in…”
Poff v. Commonwealth, 609 A.2d 594 (Pa. Commw. Ct. 1992). “*653 Section 2301(a)(1) of the Code, 34 Pa.C.S. § 2301(a)(1), provides that: “[f]or the purpose of this title, anyone of the following acts shall constitute prima facie evidence of hunting: (1) [possession of any firearm, bow and arrow, raptor, trap or other device of any…”
Com. of PA v. K.A. Rensel (Pa. Commw. Ct. 2024). · cites it 2× “” See 34 Pa. C.S. §2301. Cook properly rejected such a literal reading of Section 2308(a)(7) of the Game Code.”
— 34 Pa. Cons. Stat. § 2301(a) — 1 case
Com. of PA v. K.A. Rensel (Pa. Commw. Ct. 2024). “” See 34 Pa. C.S. §2301. Cook properly rejected such a literal reading of Section 2308(a)(7) of the Game Code.”
— 34 Pa. Cons. Stat. § 2301(a)(1) — 1 case
Poff v. Commonwealth, 609 A.2d 594 (Pa. Commw. Ct. 1992). “*653 Section 2301(a)(1) of the Code, 34 Pa.C.S. § 2301(a)(1), provides that: “[f]or the purpose of this title, anyone of the following acts shall constitute prima facie evidence of hunting: (1) [possession of any firearm, bow and arrow, raptor, trap or other device of any…”
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