Gun brought into school in Confluence, PA

[PhillyAR]

Not sure if this is a dupe, but I found it on another gun forum.

A person with a LTCF brought his gun into a school and someone saw it and called the cops. The person was not arrested, but the DA says that the inncident is under investigation.

In reference to the cc law the article states in part :

But the statue continues to read, "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."

And that's where the question comes -- does having a gun permit, the right to carry and protect yourself, constitute as lawful purpose on school property? Somerset County District Attorney Lisa Lazzari-Strasiser said no.

http://www.wjactv.com/news/news/da-l...gue-int/nTbbs/

http://articles.dailyamerican.com/20...chool-property

[imperialism2024]

Void for vagueness?

[GunLawyer001]

As we asserted in the Anfuso case, every purpose is either "lawful" or "unlawful". In our society, whatever is not unlawful is, by default, lawful.

Read the UFA licensing provisions. To obtain your LTCF, you have to tell them your purpose for wanting to carry a firearm. Among those suggested reasons is "self-defense", which is proof that self-defense is not only a lawful reason, it's an explicit statutory reason.

The DA can say whatever she wants, but the statute doesn't say "lawful purpose on school property", it simply says that if your purpose is not unlawful, then you have a defense. Is self-defense somehow unlawful on school property? Can anyone say with a straight face that self-defense is never necessary on school property?

Further, the statute doesn't say "no guns on school property", it forbids ANYTHING that is capable of being used to hurt a person. That's a huge list, and includes the car you parked in their lot (cars kill 40,000 Americans every year), the tools in the trunk, the rocks in the landscaping, the pen in your pocket. The "lawful purpose" needed to excuse that car is the same lawful purpose needed to excuse your gun.

[DiVinci]

And Mr. G.L., let us not forget the FBI's number one assault wepon in violent crime - - - the basebal bat.

This is one that gets me all the time, when I pick my daughter up at school, I am in violation for being in the parking lot. Is there a legitimate painless defense here as I am certain I am not alone on this one.

[FFEMT128]

My sister who lives in the area told me about this. It was at Turkeyfoot School District near Confluence She stated pretty much what the articles said.

[Dustingrush]

Just read in the paper today that he has been formerly charged with trespassing and firearms on school property. The paper makes it sound like he is just accepting the charges. Can anything be done to point him to a knowledgable gun attorney?

[Steve_NEPhila]

Here is a link to another article:

http://www.philly.com/philly/educati...tpaschool.html

It seems the prosecutor had to think for a few weeks before pushing her political agenda and charging this guy. I call bullshit on the play, yet perhaps this will result in clarifying this absurd statute. Too bad this guy has to go through the wringer for this one.

[ImminentDanger]

http://articles.dailyamerican.com/20...chool-property

Parent Dale Hair heard about the local incident from other residents. They told him the man went into the office and asked the secretary if the school had metal detectors. She said it does not. He said he would not have gotten inside if they did. He then showed her the gun, Hair said, summarizing the story he was told.

It's unlikely, BUT __IF__ the above is true - He asked to be the Test Case ----

Here's the MDJ Docket & Charges

http://ujsportal.pacourts.us/DocketS...R-0000002-2013

# . Charge . . . . . Grade . . Description Offense . . . . . . . . . . . . . Date
1 18 §912 §§B ...... M1 ..... Possess Weapon On School Property . 12/14/2012
2 18 §3503 §§B1iv . S . . . . Def Tres Posted on School Grounds .. 12/14/2012

§ 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.
(Oct. 16, 1980, P.L.978, No.167, eff. 60 days)

18 §3503 §§B1iv :
(b) Defiant trespasser.--
. (1) A person commits an offense if, knowing that he is
not licensed or privileged to do so, he enters or remains in
any place as to which notice against trespass is given by:
. . (iv) notices posted in a manner prescribed by law or
reasonably likely to come to the person's attention at
each entrance of school grounds that visitors are
prohibited without authorization from a designated
school, center or program official

%%%

[Dustingrush]

The problem is that it may result in a clarification that is not favorable to gun owners. It also mentions that his ltcf was revoked. Can this be done before he is found guilty?

[ImminentDanger]

The problem is that it may result in a clarification that is not favorable to gun owners. It also mentions that his ltcf was revoked. Can this be done before he is found guilty?

Unfortunately, the Power Latitude of the 'Reputation' clause has given rise to Sheriffs exercising it as 'Guilty until overwhelmingly proven Innocent' - Or simply, if you are charged with any criminal offense - guilty or not - we're going to punish you....

ETA: The situation that we have now -- mass children killings & 1st responder sniping with raging anti-gun knee-jerk reactions - that makes me furious at this PAFOA community and gun owners in general across Pennsylvania who generally ignored the opportunity last year to push for Constitutional Carry which would have eliminated both the Sheriffs CYA revocations and strengthened the case for legal carry on school property....

...