
July 10th, 2008
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Super Member
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Join Date: Nov 2007
Location:
Clifford,
Pennsylvania
(Susquehanna County)
Age: 32
Posts: 765
Rep Power: 46
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Re: LTCF: Carrying in/on School Zone; PSP Answer
From PSP post.
Quote:
Issues arise concerning
firearm possession within a school
zone and more specifically,
carrying a firearm to or from an
FFL premises located near a
school. Generally, it is unlawful
for an individual to possess a
firearm within 1,000 feet of a school zone. However, there
are a number of
exceptions to the
law - see Title 18
United States
Code, Section
921(a)(25) for
definition of
“school zone” and
Section 922(q)
for the law
concerning school
zone possession.
The following
examples list when
the individual
would not be in
violation of the
Federal law with
respect to firearm
possession in a school zone:
• The firearm is possessed on private property not part of
school grounds, such as possession on an FFL’s business
premises;
• The firearm is unloaded and stored within a locked
container (to include bringing a firearm to an FFL or
departing the premises with a purchased firearm), or a
locked firearms rack on a vehicle;
• The firearm is possessed by an individual that is licensed
to do so by the State in which the school zone is located or
a political subdivision of the State, and the law of the State
or political subdivision requires, that, before an individual
obtains such a license, the law enforcement authorities of
the State or political subdivision verify that the individual
is qualified under law to receive the license (e.g. a Pennsylvania
carry permit with respect to a school zone in Pennsylvania);
• The firearm is possessed by an individual for use in a
program approved by a school in the school zone;
• The firearm is possessed by an individual in accordance
with a contract entered into between a school in the school
zone and the individual or an employer of the individual;
• The firearm is possessed by an individual that is a law
enforcement officer acting in his or her official capacity;
• The firearm is unloaded and is possessed by an individual
while traversing school premises for the purpose of
gaining access to public or private lands open to hunting,
if the entry on school premises is authorized by school
authorities.
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. A person convicted of an M-1 may be sentenced to a
maximum of 5 years in prison.
The term “weapon” in this section includes but is not
limited to any knife, cutting instrument, cutting tool, nunchuck
stick, firearm, shotgun, rifle and any other tool, instrument
or implement capable of inflicting serious bodily injury.
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