Gun on School Property

[merklibs]

First Post, new member

I've been searching these forums and there's a lot of wonderful and helpful information but my problem is pretty specific.

I am a teacher and I live quite far from my school. There are few if any options for target shooting near my home, but there is an indoor range very near my school.

I would like to be able to leave work, go to the range, and then return home.

So, I'm just wondering if anyone has any idea on the legality of leaving my gun, unloaded, locked in the trunk of my car at the school, and then heading to the range.

The two conflicting laws that I think apply here are:
First:
18 Pa.C.S. § 912
(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.

Second:
"18 Pa.C.S. § 6106
(a) Offense defined.--
(1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.
(2) A person who is otherwise eligible to possess a [FN1] valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.
(b) Exceptions
(4) Any persons engaged in target shooting with a firearm, if such persons are at or are going to or from their places of assembly or target practice and if, while going to or from their places of assembly or target practice, the firearm is not loaded."

It really would not be a desirable option to go to work, return home, to retrieve the weapon and then head back to the range, but I'm worried that's what I'd end up having to do.

From what I've read, there doesn't seem to be any precedent set for what defines "other lawful purpose."

[GunLawyer001]

If you don't have a License to Carry, then you can't transport a firearm (loaded or unloaded) to your school and then to your range. The exception is for direct travel, and there's no exception for transport from your workplace to a range.

As for the school itself, Google "Chris Anfuso" for a case that went well for the defendant. But other cases involving other defendants didn't go well, and a bunch of citizens pled guilty to lesser offenses rather than risk a trial.

[shortthrow50]

From what i understand, you cannot just leave your gun in your car regardless of what you are doing unless you have a LTCF. Your only allowed to go to and from the range or where ever you are transporting it to. Even if you have a LTCF, the school may have its own policy but that wouldnt keep alot of people from doing what you would like to do. Hell some people pack at schools from what i read.

[TaurusPT145]

I am not a lawyer, but I have read the law as extensively as possible in my state with regards to carrying my firearm. I have come across this question in my research and the answer was something like this:

It is illegal to even transport a firearm within 1000 feet of a school unless you have a carry permit. This is a federal law, and it is not likely to be enforced, because, according to the lawyer that wrote the response, a fed would have to make the arrest. I didn't read the entire post, but you need a carry permit in order to get within 1000 feet of the school.

The next part of the answer was that the school board makes the decision on allowing guns to be kept in the parking lot of the school property. The answer was very specific in saying that it can not be the principle, but the district that makes the decision. The alternative is to park off of school property.

Here in Florida, you are allowed to keep the gun in the car, even without a license to carry, so that part is up to your local or state laws.

Probably the first thing to do is to ask the principle about it. Just tell him/her you're thinking about going target shooting at the range up the road from the school and you just want to know if there are any restrictions on keeping the gun in your car from the school board point of view. Just make it sound like a one time thing so you don't have to worry about getting on his/her bad side and then having the police called to check your car at any point latter down the road.

[LTCcarrier]

I don't think I would ask the principal anything. Your odds of getting the response you want is ZERO.

[ImminentDanger]

Assuming you actually have an LTCF:

Taking it onto School Property is still risky business .. even with administrative approval, the judiciary of this state have proven time and time again to ignore common sense and punish law-abiding citizens for things they (personally) do not agree with...

Without an LTCF...

A functional alternative might be to explore the possibility of leaving the gun at the Range (locked container, supervised, etc.) before school and using/retrieving it after school....

Just an idea....

Anyone know if supervised ranges are willing to do this??

...

[keystoneman 85]

I don't know if this is an option for you or not? When I was in High School and was planning on going hunting after school I would park my vehicle off of school grounds with the rifle/shotgun/bow locked in my trunk.

Maybe you could park off of school grounds and avoid it all together? My walk to school from where I parked tacked on an extra minute at most.

[Dannytheman]

I don't know if this is an option for you or not? When I was in High School and was planning on going hunting after school I would park my vehicle off of school grounds with the rifle/shotgun/bow locked in my trunk.

Maybe you could park off of school grounds and avoid it all together? My walk to school from where I parked tacked on an extra minute at most.

I work for a company that makes me sign an agreement to not have a gun on company property. So I park my truck off of their property and walk a bit further. I added a nice gun safe for the truck. I work very close to my gun club, so coming home and going back is gasoline waste.

I hope you have street parking or off campus parking available to you.

[chutestrate]

I'm a local school board director, and your best option is to park off school property. Being an employee of the district puts you in a double bind. Don't tempt fate, park off school property if you can.

[tl_3237]

I am not a lawyer, but I have read the law as extensively as possible in my state with regards to carrying my firearm. I have come across this question in my research and the answer was something like this:

It is illegal to even transport a firearm within 1000 feet of a school unless you have a carry permit. This is a federal law, and it is not likely to be enforced, because, according to the lawyer that wrote the response, a fed would have to make the arrest. I didn't read the entire post, but you need a carry permit in order to get within 1000 feet of the school.

The next part of the answer was that the school board makes the decision on allowing guns to be kept in the parking lot of the school property. The answer was very specific in saying that it can not be the principle, but the district that makes the decision. The alternative is to park off of school property.

Here in Florida, you are allowed to keep the gun in the car, even without a license to carry, so that part is up to your local or state laws.

Probably the first thing to do is to ask the principle about it. Just tell him/her you're thinking about going target shooting at the range up the road from the school and you just want to know if there are any restrictions on keeping the gun in your car from the school board point of view. Just make it sound like a one time thing so you don't have to worry about getting on his/her bad side and then having the police called to check your car at any point latter down the road.

The Federal 1000 foot proscription provides an exception for the situation that the OP poses so Federal law is not pertinent here. What is controlling however is state law, in this instance 18 Pa CSA 912 is being discussed already.

18 USC 922(q)(2)

(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

(B) Subparagraph (A) does not apply to the possession of a firearm—

(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii) that is—

(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;