Possession of a Firearm on School Property

[cogliostro713]

I wanted to share my personal experience with the Allegheny County DA's Office. In early 2002 I accidentally discharged my semi-automatic handgun in the parking lot of my local high school parking lot. The incident took place on a Saturday. I was not, however, arrested until the following Monday.

I fully cooperated with the local PD, thinking that because this was an accidental discharge and that no one had been harmed that the DA's office would place me in ARD and that would be that.

Despite repeated requests, however, I was denied ARD. I learned that the DA's office will not offer ARD to ANYONE whose offense involves a firearm. This bias became even clearer at my sentencing when then ADA, Lawrence Sachs, told the judge that, "No one should be allowed to even own a gun." His closing statements, in fact, were an anti-gun speech in which he urged "young people to steer clear of anyone who owns a gun."

To date I have unsuccessfully attempted to find an attorney who will appeal my case. If anyone knows an attorney will to do so please contact me, as I am no longer "employable" due to my crime of "moral turpitude".

Food for thought should you wish to carry your gun on school property.

[Mike45]

Cogliostro, if I may ask, why did you have a handgun on school property??? In these times, you've got to figure that they are going to throw the book at you. As for Sacks, he had the stage and the judge's ear and made full use of both, which is his job. Can you tell us how it all came out? I think if you keep looking, you will find a lawyer to appeal your case. We can all take a lesson from your situation...thanks for the post...Mike45

[Steve in PA]

According to your blog, your 36yoa, what are you doing hanging around a highschool?

A holster handgun doesn't "accidentally" go off unless you were playing with it.

What were you arrested for?

If you have a permit (license to carry) there is a clause in the law pertaining to weapons on school property; "for other lawful purpose".

You should have contacted a lawyer immediately, not after the "AD".

[SigForLife]

Give Phil Kline in Quakertown a call. He is big in NFA issues, and I don't know if he woudl handle this type of case, but I am sure he could steer you to someone who would. 215-538-4444 or philkjr@snip.net.

[kimbercdp]

To add to the bandwagon, you have not job/money, but you want someone(attorney) to do a job for you. Yea, good luck with that one.

[Siobhra]

Phil Kline is good and gun laws are his specialty.

[dmg1969]

Kimbercdp, I work for a law firm and there are attorneys who do a certain percentage of pro-bono (FREE) work. I was going to suggest calling or e-mailing the NRA and asking if they can recommend an attorney, however it is not really a second amendment issue.

Unfortunately, like Steve in PA said, if the gun was properly holstered or otherwise secured, it would not have gone off. What were you doing which caused the accidental discharge? That is probably a big part of their case against you. Although I am not a cop, I would guess that the charge was reckless endangerment???

Good luck with your defense and remember...if you have a LTCF, keep the gun concealed. If you don't have a LTCF, keep it unloaded and in a case and seperated from the ammo.

Dave G.

[cogliostro713]

Dave,
Some addl. background info:
At the time I possessed a valid CCW. As for why I had a gun on school property - I'd left the gun in my car (locked) the night before after going into the city. I didn't intentionally bring a gun to a school. Long story short, the accidental discharge resulted after my roommate had removed the safety round (inert bullet) that I'd had in the pistol. I pulled, yes intentionally, on what should've been a safe round.

I think what you're missing is this: The Allegheny County DA's office has a policy set forth whereby no one who is arrested with a gun is offered ARD. Not a violent crime with a gun but ANY crime with a gun. The policy is innately discriminatory to all gun owners. Additionally, for the ADA to state that, No one should be allowed to even own a gun." is 1.) highly unprofessional and 2.) violates the oath he took when he became an attorney to defend The Constitution and Bill of Rights.

Good guess on the reckless endangerment.


Mike

[cogliostro713]

As for the outcome:
1 year's probation for two misdemeanor counts. On the surface very fair. But thanks to PA's "At Will Employment" I'm extremely limited in the types of employment I'm offered. Additionally, the USAFR discharged me as a result. I was informed by the area JAG that had I been active duty, I would've received a letter of reprimand - not my walking papers.

Almost five years after my arrest I'm still feeling the effects of two misdemeanors. This is what I feel is unfair. Well that and the fact that we have attorneys working for the County who are pushing an anti-gun agenda.


M-

[cogliostro713]

Attorneys are required by law to provide pro bono work. They have to "give away" their services from time to time.


M-