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Buoncuore v. Pennsylvania Game Commission

Revocation of plaintiff's hunting and furtaking privileges for violation of safety zone rules affirmed because the Game Code allows the Commission to revoke the license of any licensee accused of having violated any of the provisions relating to the protection of property and persons, even though such person has not been convicted of the violation.

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Submitted: April 20, 2001

Joseph Buoncuore, Jr. (Buoncuore) has filed a pro se petition for review of the December 6, 2000 decision of the Pennsylvania Game Commission (Commission), revoking Buoncuore’s hunting and furtaking privileges from July 1, 2001 through April 15, 2003, for violating section 2505 of the Game and Wildlife Code *fn1 (Game Code) with regard to safety zones. *fn2 We affirm.

On September 24, 1998, at approximately 7:00 p.m., Wildlife Conservation Officer Michael Doherty (Doherty) received a call from the Tredyffrin Township (Township), Chester County Police reporting complaints that hunters were shooting within safety zones in the Township. (R.R. at 23-24.) Doherty immediately dispatched a deputy to the scene, and, the next day, Doherty conducted his own investigation of the scene. During this investigation, Doherty found casings from thirty twelve-gauge three and one-half inch shotgun shells lying within two safety zones; specifically, the shell casings were located within forty feet of a commercial building and 120 yards of a private residence. *fn3 (R.R. at 24-25; see Findings of Fact, Nos. 2, 6.) One of the complainants stated that he thought the shooters were named “Joe” and “Guy.” (Findings of Fact, No. 2.)

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