OFFICIAL OPINION No. 14

OFFICIAL OPINION No. 14 Resident antlerless deer hunting licenses-Nonresident defined-The Game Law- Act of June 3, 1937, P. L . 1225. 1. The Game Law definition of "resident" for license purposes refers to residents of any county of Pennsylvania. 2. Discrimination in a State statute between residents of the several counties solely on the basis of such residence would contravene the equal protection clause of the Federal Constitution. 3. County Treasurers may not issue resident antlerless deer permits only to residents of their own counties. Harrisburg, Pa., September 26, 1957. Honorable M. J. Golden, Deputy Executive Director, Pennsylvania Game Commission, Harrisburg, Pennsylvania. Sir: You ask whether County Treasurers may issue resident antler- less deer hunting licenses only to applicants who reside in the county of issue. Section 501 (c) of The Game Law, the Act of June 3, 1937, P. L. 1225, as amended by the Acts approved July 19, 1951, P. L. 1131 and January 14, 1952, P. L. (1951) 2020, 34 P. S. § 1311 501 (c) provides inter alia: "(c) Resident and Nonresident Hunters' Licenses and T ags for Antlerless Deer. If in any year the commission, by reso- lution, declares an open season for antlerless deer, it shall OPINIONS OF THE ATTORNEY GENERAL issue resident and nonresident hunter's licenses and tags for antlerless deer to hunt for or kill such deer, at a fee of one dollar fifteen cents under such rules and regulations govern- ing the issuance of such licenses and tags as it may deem necessary to limit the number of persons who may hunt for such deer in any county of the Commonwealth, provided public notice of such action is given as hereinafter required; and Provided, however, That no applications for antlerless deer licenses received from nonresidents shall be approved or licenses issued, except during a period of thirty (30) days immediately preceding the opening date of such antlerless deer season. Such licenses and tags may be issued only to holders of resident or nonresident hunting licenses. "Resident and nonresident hunters' licenses and tags for antlerless deer shall be issued only by the county treasurers in counties where such deer may be hunted and killed, who, for that purpose, are hereby made agents of the Department of Revenue." 83 The only question here is whether Pennsylvania applicants residing outside the county of issue are "nonresidents" within the meaning of this statute. The meaning of "resident" is clearly defined in § 301 of The Game Law, to wit: "Section 301. Residents of State.-For the purpose of this article any person who has been a bona fide resident of this Commonwealth for a period of sixty days next preceding his application, and was born in the United States of America, or was fully naturalized under the laws of the United States, or who is a citizen of the United States of America and regu- larly enrolled in the United States Army, the United States Navy, or the United States Marine Corps and officially sta- tioned within the Commonwealth thirty or more days next preceding his application, shall be entitled to the license here- in referred to as the resident hunter's license, upon the further fulfillment of the requirements of this article." "Nonresident" in other licensing provisions of the Act is used synonymously with "nonresident" of this Commonwealth ( § 303, § 303.1). This internal evidence clearly establishes that the Legis- lature did not contemplate any such discrimination among citizens of the Commonwealth. Moreover, statutes wherever possible must be construed to give them constitutional effect, and the discrimination suggested here would con- travene the equal protection clause of the Federal Constitution1 : 1 U. S. Const., amend. XIV, § 1. 84 OPINIONS OF THE ATTORNEY GENERAL Sayre Borough v. Phillips, 148 Pa. 482, 24 Atl. 76 (1892); Common- wealth v. Snyder, 182 Pa. 630, 38 Atl. 356 (1897). It is our opinion, and you are accordingly advised, that the term "nonresident" in § 501 (c) of The Game Law refers to nonresidents of the Commonwealth, and "resident" as used therein refers to all resi- dents of Pennsylvania regardless of the county of their residence. It follows that County Treasurers may not lawfully restrict issuance of "resident" antlerless deer licenses to residents of their respective counties, but are required by law to issue them in order of receipt to all applicants who are residents of Pennsylvania. Very truly yours, DEPARTMENT OF JUSTICE, JOHN SULLIVAN, Deputy Attorney General. THOMAS D. McBRIDE, Attorney General.