2923 - Disabled person permits.
§ 2923. Disabled person permits. (a) Use of vehicle as a blind.-- (1) Unless further restricted by commission regulation, a lifetime permit to hunt from a stationary vehicle may be issued to a person with permanent disabilities who qualified for a hunting license pursuant to Chapter 27 (relating to hunting and furtaking licenses) or who possesses a junior resident license under section 2705(2) (relating to classes of licenses) and who meets any of the following requirements: (i) Has a permanent or irreversible physical disability and is unable to ambulate and requires a wheelchair, walker, one leg brace or external prosthesis above the knee, two leg braces or external prostheses below the knees, two crutches or two canes for mobility. (ii) Suffers significantly from lung disease to the extent that forced expiratory volume for one second when measured by spirometry is less than one liter or the arterial oxygen tension (po) is less than 60 millimeters of mercury on room air at rest. This subparagraph would also apply to someone who is oxygen dependent 24 hours a day, seven days a week. (iii) Suffers significantly from cardiovascular disease to the extent that functional limitations are classified in severity as class 3 or 4 according to the current standards accepted by the American Heart Association and where ordinary physical activity results in fatigue, palpitation, dyspnea or anginal pain. (iv) Has a disability or combination of disabilities creating a minimum impairment of function of or equivalent to no less than 90% loss of function in one leg or no more than 10% maximal functional use in one leg regardless of the functional level of the other leg. (v) (Deleted by amendment). (2) Unless further restricted by commission regulation, a permit to hunt from a stationary vehicle may be issued to a person who qualified for a hunting license pursuant to Chapter 27 and presents an affidavit and doctor's certificate stating the applicant has a temporary disability that restricts mobility or ambulation of any distance due to illness or injury and operative procedures and who either has a leg, hip or back or any part thereof casted by a licensed physician due to a fracture or has leg, hip or back surgery. This permit is only valid for the license year in which issued. (3) Permittees shall carry the permit upon their person while hunting. Any person named on this permit may hunt while using an automobile or other vehicle as a blind. The permittee shall not use the vehicle to flush or locate game. The vehicle may be used only as a blind or platform from which to shoot. The firearm shall be unloaded at all times while the vehicle is in motion. (4) Any person who possesses a junior resident license under section 2705(2) and otherwise qualifies for a disabled person permit must comply with section 2711(a)(8) (relating to unlawful acts concerning licenses). Any parent or person 18 years of age or older serving in loco parentis or as guardian or some other family member 18 years of age or older shall not use a vehicle as a blind unless that person meets the requirements of this section. (b) Regulated hunting grounds.--A permit may be issued to hunt on a regulated hunting ground to any person who presents a doctor's certificate showing that the person is physically unable to walk for an extended period of time, authorizing him to hunt for, pursue and kill from an automobile or other vehicle on regulated hunting grounds those species of game authorized for release on such areas, subject to rules and regulations prescribed by the commission. The permittee shall carry the permit while hunting on regulated hunting grounds. (c) Bow and arrow or crossbow.--A lifetime permit shall be issued to any person who presents a doctor's certificate showing that the person is, because of a permanent physical condition, unable to hunt with a conventional bow and arrow. A temporary permit shall be issued to a person who presents a doctor's certificate showing that the person is, because of a temporary physical condition, unable to hunt with a conventional bow and arrow. A temporary permit issued under this subsection shall be valid only for the license year for which the permit is issued. The lifetime or temporary permit shall authorize the named person to hunt by the use of: (1) A bow and arrow which is held in place by a brace secured around the body of the hunter or is triggered with the aid of a mechanical device. (2) A crossbow subject to the following restrictions: (i) When hunting deer, bear or turkey, the crossbow must have a draw weight of not less than 125 pounds nor more than 200 pounds. (ii) The arrows for the crossbow must be tipped with broadheads of a cutting edge design. The permittee shall carry the permit upon his person at all times while hunting. (d) Penalty.--A violation of this section is a summary offense of the fifth degree. (Aug. 5, 1991, P.L.217, No.24, eff. imd.; June 28, 1993, P.L.178, No.37, eff. imd.; May 22, 1996, P.L.310, No.48, eff. imd.; Dec. 21, 1998, P.L.1274, No.166, eff. 60 days; Dec. 20, 2000, P.L.783, No.111, eff. imd.; Dec. 13, 2001, P.L.897, No.98, eff. imd.; June 17, 2003, P.L.12, No.5, eff. July 1, 2003; June 17, 2003, P.L.14, No.6, eff. imd.) 2003 Amendments. Act 5 amended subsec. (a) and Act 6 amended subsec. (c).