Pa Carrying On School Property What Does The Law Actually Say?

[d90king]

In a recent thread on a "parks carrying" question, it got me thinking of the language found in Pa's School laws. I will post the law and am curious of your thoughts as to what it actually means....

From the PA Crimes Code;

§912. Possession of weapon on school property.

(a) Definition.—Notwithstanding the definition of “weapon” in section 907 (relating to possessing instruments of crime), “weapon” for purposes of this section shall include but not be limited to any knife, cutting instrument, cutting tool, nun-chuck stick, firearm, shotgun, rifle and any other tool, instrument or implement capable of inflicting serious bodily injury.
(b) Offense defined.—A person commits a misdemeanor of the first degree if he possesses a weapon in the buildings of, on the grounds of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school.
(c) Defense.—It shall be a defense that the weapon is possessed and used in conjunction with a lawful supervised school activity or course or is possessed for other lawful purpose.

[kenhwind]

Well I'm sort of confused here, but it seems that you CANNOT carry a weapon on school property period, unless there is some cause to do so.

[kenhwind]

OK. Found what I was looking for finally. In Florida the law reads:
" The following is a list of places where you are restricted from carrying a weapon or a firearm even if you have a license"
"any school, college, or athletic event not related to firearms"
"any school adminisration building"
"any elementary or secondary school facility"
"any area technical center"
"any college or university facility* "
From what I can gather in FL if you have a CCW you can carry in your convenance if you are dropping off or picking up your children. I may be wrong here.
Also it is not illegal to posess a firearm if the technical center provides a "firearms training course" and that is the reason to have firearm on premises.
The clause in the university and college applies to registered students and faculty.
Here is a link: http://licgweb.doacs.state.fl.us/weapons/possession.html

[Rich-D]

PA LAW (c) Defense.—It shall be a defense that the weapon is possessed and used in conjunction with a lawful supervised school activity or course or is possessed for other lawful purpose.

I carry 24/7 for a lawful purpose, Self Defense! In fact, Self Defense is listed on my License as the reason for the License.


Rich

[d90king]

Thats how I read it also Rich, I just don't know if a judge would agree with my interpretation. :confused:

[Rich-D]

My argument would be. In keeping with the regulation, the State would have to prove that I was in the building or on the grounds for an unlawful purpose!

Rich

[Aguila Blanca]

Most interesting, D90king. It reminds me that the school zone law in my state had, several years ago, an exemption for something like "lawful purposes" or some such verbiage.

And then that verbiage quietly disappeared one year, and hasn't been heard from since ...

A careful reading of section 'b' of the PA statute, however, could be interpreted to prohibit having any weapon (as defined in that statute, which would include even a small pocket knife) in your own, private automobile when transporting your own private kid to or from school.

It's really a shame that the people who write laws can't speak, read, write or comprehend English.

[Rich-D]

It's really a shame that the people who write laws can't speak, read, write or comprehend English.

If laws were wriiten in a clear and concise manner, there would be a lot less litigation. However, the folks who write the laws, come from the same group whose livelihood depends on litigation.

In it's efforts to stop Frivolous Lawsuit Abuse,The US Chamber of Commerce has taken on the issue of Legal Reform. Such as the Texas Rancher being sued by Illegal Alians, who he stopped at gun point on his ranch. However, it appears that little is being done to re-write restrictive laws, rules and regulations in order that a reasonable person may fully comprehend the boundries.

http://www.friendsoftheuschamber.com/issues/index.cfm?ID=56


Rich

[d90king]

I have a friend speaking with my local Sheriff for clarification. I have two kids in school and this is something that I have a vested interest in.

[Rich-D]

The problem I see in relying on a LEO's opinion, is it is a defense in court. A Legal opinion from the State Attorney General's Office or County DA would prevent or negate charges being filed.

Rich

[Aguila Blanca]

I have a friend speaking with my local Sheriff for clarification. I have two kids in school and this is something that I have a vested interest in.
Do not rely on anything verbal from an LEO. At least get it in writing, and signed.

Awhile back I asked an LEO (my then-girlfriend's nephew, in fact, at a family party) if it was legal for me to transport (not "carry") a handgun to the range without a carry permit. He said "Sure, no problem."

Great answer ... except that when I read the law, I discovered it is NOT okay, and is actually a felony offense.

[d90king]

Do not rely on anything verbal from an LEO. At least get it in writing, and signed.

Awhile back I asked an LEO (my then-girlfriend's nephew, in fact, at a family party) if it was legal for me to transport (not "carry") a handgun to the range without a carry permit. He said "Sure, no problem."

Great answer ... except that when I read the law, I discovered it is NOT okay, and is actually a felony offense.
Great points, thanks for posting. My friend is very close with the Sheriff and just wanted to get her thoughts....

As a rule I always disarm, but a couple times I have caught myself "on property" in my truck....

Gun free zones are "welcome" signs to criminals IMHO.

[kenhwind]

I've been following this, and have been studying the Florida statues. In FL apparently you can have a gun in your conveance while dropping off or picking up passengers at a school, if you have a CCW. In the car that is. Getting out of the car while carrying is probably not legal.
A LEO is just that they may or may not be aware of the entire statues.