The ones that are on completely different grounds then the actual K-12 buildings.
Can One CC/OC???
Printable View
The ones that are on completely different grounds then the actual K-12 buildings.
Can One CC/OC???
I'd say no you can't carry, it's technically owned by the government just like a K-12 school :confused:
Here's how the statute on school property reads:
§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 pos*sessed 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.)
Doesnt specifically mention unattached offices....but can the bold be considered to include the offices?Quote:
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, nunchuck 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.
CC, or OC for Self defense is a lawful purpose, one could argue this part.Quote:
(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.)
I personally do not recommend OCing, but wouldnt put a second thought into CC unless there was a metal dector you had to pass through. Just my personaly choices.
good question...
is an off-site administration building still a "building of...[an] elementary or secondary publicly-funded educational institution"?
if i had to guess, i would say yes, but i dunno. is the school district itself an "educational institution" or are only the schools themselves "educational institutions"?
at any rate, i CC in schools a few times a year.
to me, the wording about it being a defense if the gun is possessed for a lawful purpose clearly includes CCing with an LTCF as that is clearly a lawful purpose (unless one tries to redefine the world "lawful" to mean "official" which i'm sure some anti judges would do)...and, more importantly, i'm quite good at concealing when i want to be, so no one ever knows i have it anyway.
(in other words, by the actual wording of the statute, it is legal--though the courts might rule otherwise if they ever actually rule on it. if i become the test case, so be it. i am not trying to become the test case and would rather not, but i am also not going to let intellectually dishonest judges dictate my behavior. and, at any rate, i am not likely to ever become the test case because no one knows i am carrying there.)
Self Defense is a lawful purpose... true, and as far as I am concerned, validates carry at a school. The intent I read out of the statute is to give them something more to charge a BG with if they commit a crime at a school while having possession of a firearm. But, self defense is a perfectly legitimate purpose, and the whole "in defense of themselves.... shall not be questioned" pretty much solidifies that one in my mind.
Your right to defend yourself should not start and stop at imaginary boundaries. It's bad enough that we cannot carry in court houses or federal parks (yet). There's no legitimate reason I can see to forbid carrying ANYWHERE as long as our constitution says "SHALL NOT BE QUESTIONED." I don't see any ambiguity there.
That said, good luck with that one.. heh... we all know the State is not going to follow the Law if the DA sees another notch in the conviction belt.
Yes District Admin Offices are still school district property, therefore rules still apply. You can't carry there just as you can't carry on the property in which the actual schools are at.
I am a volunteer instructor/mentor at a local district and it's setup like this. The schools are several miles away from the admin building. It stinks I have to leave my CC weapon at home whenever I go there but I respect and understand this law.
By the letter of the law, they are School District property, but they are not educational institutions.
I suspect it would take a court case to prove this though...