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June 20th, 2014, 07:51 AM #1Super Member
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Murrysville,
Pennsylvania
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Gun in Car when dropping kids of at school
Is it legal for me to have a loaded gun in my car while dropping my kids off at school if I do not get out of the vehicle? What about CC while driving in front of the school if the road is within 1000 ft. of the school?
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June 20th, 2014, 08:10 AM #2
Re: Gun in Car when dropping kids of at school
I always avoided taking it even one inch onto school property.
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June 20th, 2014, 08:10 AM #3Grand Member
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PA,
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Re: Gun in Car when dropping kids of at school
Technically, you're breaking the law as soon as you pull out of your driveway
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June 20th, 2014, 08:14 AM #4
Re: Gun in Car when dropping kids of at school
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June 20th, 2014, 08:14 AM #5
Re: Gun in Car when dropping kids of at school
We're mixing up state law and federal law here.
State law (http://reference.pafoa.org/statutes/...hool-property/) says you can't carry in any conveyance providing transportation to or from any elementary or secondary school - and your car is a conveyance, even though it's your own kid.
It's highly unlikely you'd ever be prosecuted for such, even if you never exit the vehicle, but that's what the law states. Technically it's illegal, it reality it's less so.
Federal law (http://en.wikipedia.org/wiki/Gun-Fre...es_Act_of_1990) says you can't carry within 1,000 feet of school grounds, but you're exempt if you have a license from the state in which the school is located.
Since you're in Pennsylvania, and you have to have a license anyway to carry in a car, you don't have to worry about the federal law.
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June 20th, 2014, 08:17 AM #6
Re: Gun in Car when dropping kids of at school
What he said but here is the section:
18 Pa.C.S. § 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.
© 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.
(Oct. 16, 1980, P.L.978, No.167, eff. 60 days)
1980 Amendment. Act 167 added section 912. Cross References. Section 912 is referred to in
section
6105 of this title.
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June 20th, 2014, 08:32 AM #7
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June 20th, 2014, 09:47 AM #8Grand Member
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Re: Gun in Car when dropping kids of at school
Pull over off property and walk them there.
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June 20th, 2014, 09:48 AM #9
Re: Gun in Car when dropping kids of at school
I wouldn't test it.
Gunowner99 - NRA Benefactor Life Member
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June 20th, 2014, 10:29 AM #10
Re: Gun in Car when dropping kids of at school
Been there, won that:
http://forum.pafoa.org/concealed-ope...age-912-a.htmlAttorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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