Parking lot shared by church and school

I attend meetings at a hall in a nearby church. The lot contains a parking lot and four separate buildings. The church, a meeting hall, a K-8 school, and the rectory. Will I be considered to be on school grounds if I park on the shared parking lot and go into the meeting hall? I would assume that the church owns both the parking lot and the school, but that the parking lot is, ultimately, under control of the church and not the school.

I'm inclined to think that the parking lot is not part of the school, but right now, I can't afford to be the man that will test the 'other lawful purposes' provision. :(

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Originally Posted by Corn Flake

I attend meetings at a hall in a nearby church. The lot contains a parking lot and four separate buildings. The church, a meeting hall, a K-8 school, and the rectory. Will I be considered to be on school grounds if I park on the shared parking lot and go into the meeting hall? I would assume that the church owns both the parking lot and the school, but that the parking lot is, ultimately, under control of the church and not the school.

I'm inclined to think that the parking lot is not part of the school, but right now, I can't afford to be the man that will test the 'other lawful purposes' provision. :(

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Good question and one I have been considering as my church also shares a parking lot with the school. It is a Catholic Church and school and I am inclined to say it is not school property but church/diocese property. It is confusing and I have no clue. I am only in the parking lot on Sunday and go into the Church and when Church is over I leave.

I am sure someone here can clear it up.

It would seem, in my IANAL opinion, that the parking lot would be part of the grounds of the school.

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§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. (Added by L.1980, Act 167(1), eff. 12/15/80.

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IANAL, if the school and the church are separate, and the school actually owns the parking lot and the church is allowed to use it for church business, then you wouldn't be allowed.

From another perspective, if the lot is truly shared, as a parochial school and part of the church, I might argue that parking in the lot for an evening church meeting makes it church property at that time, as there is no activity at the school, as usually church business and school business are at different times.

Good question...

AFAIK, the church owns both the school and the parking lot. So, the way I see it, if I step inside the school building, I'm in a school, but if I'm in the parking lot, then I'm in church property, not school grounds. OTOH, the parking lot is used by the school. I see the kids use it to play during recess. The more I think about it, the more confused I get.

This is a really confusing issue. I tend to think that because a parochial school is established AFTER a church is established, the property is church property and even more so when school is not in session.

This is quite a conundrum.

If a post office shares a parking lot with other businesses you are not in violation using the parking lot since it's not federal property. I assume the church/school would fall under the same reasoning. Of course I'm no an attorney and just stating my opinion.