View Single Post
  #7 (permalink)  
Old July 10th, 2008
LittleRedToyota LittleRedToyota is online now
Grand Member
PAFOA Gold Supporter
 
Join Date: Apr 2006
Location:
Pittsburgh, Pennsylvania
(Allegheny County)
Age: 39
Posts: 5,757
Rep Power: 799
LittleRedToyota has a reputation beyond reputeLittleRedToyota has a reputation beyond reputeLittleRedToyota has a reputation beyond reputeLittleRedToyota has a reputation beyond reputeLittleRedToyota has a reputation beyond reputeLittleRedToyota has a reputation beyond reputeLittleRedToyota has a reputation beyond reputeLittleRedToyota has a reputation beyond reputeLittleRedToyota has a reputation beyond reputeLittleRedToyota has a reputation beyond reputeLittleRedToyota has a reputation beyond repute
Default Re: LTCF: Carrying in/on School Zone; PSP Answer

Quote:
Originally Posted by SigForLife View Post
they don't say that PA law differs with regards to schools
yes they do. from page 3:

Quote:
In addition to any federal restrictions regarding weapons on school property, Pennsylvania has its own law concerning this problem. Under 18 PA C.S. § 912, a person commits a misdemeanor of the first degree (M-1) if he possess 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 educations institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school.
Quote:
there is no way for a licensed individual to be convicted if he/she relied on this publication.
this publication won't mean squat in court. the PSP is not a source of binding legal advice. and, they aren't even advising that you can carry a gun in a school with an LTCF...they advising that doing so is not a violation of the federal GFSZ act, but is a violation of PA state law.

Quote:
Moreover, it would be entrapment since the PSP is saying the differences between fed and state law are X, after specifically stating that a PA LTCF allows lawful carry in a school in the fed context and not stating that there exists any difference between state and fed law.
they do state that there is a difference...see the bolded "in addition to" part in what i quoted...along with the positive assertion that carrying in a school is a violation of the state law coupled with the lack of any assertion that an LTCF provides an exception to that state law.

and it wouldn't be entrapment anyway. the PSP stating something in a flyer does not actually change the law nor does it in any way interfere with the ability of other police agencies to enforce the actual law (as opposed to the PSP's opinions).

seriously, while the letter of the state law does say you can carry in a school with an LTCF, whether or not a court would see it that way is a crap shoot (which is a sad reflection on the state of our judiciary, but that is another topic)...and a crap shoot that would be in no way influenced by this flyer.
Reply With Quote