Maloney: Senate Game Law Legislation Does Not Go Far Enough to Protect Private Property Rights

October 21, 2026

HARRISBURG –Yesterday afternoon, House majority Democrats prevented Rep. David Maloney’s (R-Berks) amendments to Senate legislation regarding trespass by law enforcement and Pennsylvania dog-control laws.

The legislation in question seeks to codify into law a relatively recent Pennsylvania Supreme Court ruling that prohibits the Pennsylvania Game Commission’s (PGC) game wardens and other employees from entering private land posted against trespassing without a proper warrant.

The bill, sponsored by Sen. Dan Laughlin (R-Erie) addresses a glaring inconsistency between Title 34 (Game) and our constitution by codifying the Supreme Court’s ruling in law and extending it to prohibit PGC game wardens from entering any private property, posted or not, without a warrant. However, the same inconsistency is also found in Title 30 (Fish).

“My first amendment, which was voted down due to partisan politics, simply would have applied the same necessity for a warrant to Title 30 so that we can ensure our Pennsylvania Fish and Boat Commission (PFBC) officers properly observe Pennsylvanians’ property rights and the do not violate the freedom the Supreme Court acknowledged is enshrined in our state constitution,”

Folks should take note that the executive director of the PFBC told me directly that virtually any body of water in the commonwealth is under PFBC law enforcement. And yes, that includes a pond you built on your property.

The majority opinion of the state Supreme Court recognized that though they were ruling against PGC, that their ruling applies to all government officials.

There is a clear “nexus of common purpose” that demands acceptance of my proposed amendment. I merely asked my colleagues that if we were going to do this, let’s do it once and do it right the first time.

“My second amendment, also voted down by Democrats, sought to resolve an inconsistency between Pennsylvania dog retrieval law and Pennsylvania dog control law,” Maloney said.

State dog laws require owners to always maintain control over their dogs to prevent them from running at large.

When outside the owner's property on public land, including state game land, dogs must be kept on a leash or under immediate, reasonable control. Local municipal ordinances may enforce stricter leash requirements (such as specific maximum lengths).

However, Title 34 permits hunters to go onto private property to retrieve a loose dog without the permission of the property owner. This too is a violation of private property rights, and my amendment would have brought Title 34 in line with the dog control law to protect property owners from unwanted intrusion.

A recent high-profile case of dog trespassing comes from Ware Neck, VA.

It involves a retired brigadier general, Billy Don Farris, who bought his family’s 80-acre dream property but then found that the property was frequently being overrun by hunting dogs to which he had not permitted to access.

When Don finally went to the county sheriff the sheriff told Don he was the problem and to cease interfering with the dogs or he could be charged either a misdemeanor or a felony depending on the value of the dog if he continued to protect his land.

So, Don went to the courts. The Virginia Supreme Court ruled against him, and he has now filed a federal lawsuit with the backing of the Pacific Legal Foundation.

“If Billy Don makes headwind in his federal case and the General Assembly doesn’t address this problem now in Pennsylvania, I promise you the same kind of lawsuit with the backing of a well-heeled legal foundation will be filed in Pennsylvania and federal courts and make our state look foolish and worse,” Maloney said.

“Private property is private property. The state Supreme Court recently unanimously recognized the private property protections recognized by the state constitution. We need to continue in that spirit to ensure that Pennsylvanian’s private property rights are protected against trespass by Fish and Boat Commission officers and dog trespass.”

Representative David Maloney
130th District
Pennsylvania House of Representatives
Media Contact: Charles Lardner
717.260.6161
clardner@pahousegop.com
RepMaloney.com