Expert: Robert P. Firriolo - 12/19/2007

Question
Hi, I am a homeowner in a private community and wanted to know what is the law about a Community Manager carrying and discharging a firearm to put a deer out of their misery.  We as homeowners are against this issue and the Board of Directors are looking to pass a motion to buy a shotgun for the Community Manager.  We understand that when a deer is hurt, they are suppose to call State Police and they would handle that situation.  The Community Manager says that they take too long to respond and that is why he wants the privilege to take action instead of waiting for the response.  If someone has the Laws and Policies for this I would truly appreciate it.  We are in the State of Pennsylvania in Monroe County in Middle Smithfield Township.

Thank you very much
Concerned Homeowner  

Answer
I assume that when you say "put a deer out of their misery" you are referring to an injured deer that must be euthanized. In the section on Roadkilled Deer/Possessing Wildlife of the PA General Hunting Regulations, it clearly states that "It is not legal to kill 'put it out of its misery' any injured wildlife; again, call the regional office." [See the current PA Game Commission publication "Hunting and Trapping Digest," p.8, at http://www.pgc.state.pa.us/pgc/lib/pgc/digestpdfs/2007/digest.pdf ].

There is a exception to the general prohibition on the unlawful taking of game for: "Authorized individuals who euthanize critically injured game or wildlife, which shall be permitted when it is reasonable to believe that the chance of survival of the injured game or wildlife is minimal or the injured game or wildlife poses a threat to human safety." [Chapter 23 (Hunting and Furtaking), Subchapter A (General Provisions), Sec. 2307 (d)(1), see http://www.pgc.state.pa.us/pgc/cwp/view.asp?a=478&q=151077&pp=12&n=1]

It is unclear to me just how one becomes an "authorized individual" under this section. However, it is likely that if the Community Manager does not have some form of explicit authorization from the Game Commission, such as a permit, he is not an "authorized individual."

Note that there are also certain prohibitions on discharging a firearm with in a "safety zone," which term includes 150 yards around a dwelling. See here for more specifics: http://www.pgc.state.pa.us/pgc/cwp/view.asp?a=478&q=151112#2505 .

Note also that this is only a general overview of the regulations and not legal advice. I suggest you contact the Game Commission and ask them this question for a definitive answer since they are the regulating authority and their interpretation will be controlling. You may want to specifically ask if your Community Manager falls within the definition of "authorized person," as the agency interprets that term. Follow this link for contact information: http://www.pgc.state.pa.us/pgc/cwp/view.asp?a=481&q=153205 .