Man charged with carrying gun on school property (looks like "other lawful purpose")

[edstephan]

http://standardspeaker.com/news/man-...erty-1.1501303

A 26-year-old Hazleton man who walked his stepdaughter to Heights-Terrace Elementary Middle School on Thursday while carrying a gun in a holster was charged with possessing a weapon on school property.

Steven Rivera of North Poplar Street was arrested at 8:52 a.m. while the school was locked down, city police said.

Police said in a probable cause affidavit that Rivera told them he was carrying his weapon openly, but signs on the front door indicate that carrying firearms is prohibited in the school or on the grounds. Police verified that Rivera owns the gun, a 9mm semi-automatic pistol that contained eight rounds in the magazine, the affidavit says.

A security officer said three parents told her they saw a man with a gun so the officer radioed to other school officials, and then saw Rivera standing near the main parking lot, the affidavit states.

Rivera waited for a man to exit the school before they left together by walking north on Mill Street, the affidavit states.

District Judge Gerald Feissner of Freeland released Rivera on his own recognizance after his arraignment Thursday. Rivera is scheduled for a preliminary hearing on June 19 at 10:30 a.m. before District Judge Joseph Zola of Hazleton.

Police said they charged Jorge Rosado, 25, of Hazleton, the man who walked away from the school with Rivera, with disorderly conduct.

- Kent Jackson



An OC Activist and 1 of the 3%
Ed Stephan

[Bill67]

So someone decided to test the waters. Can't wait for this outcome.

[sprrdhawk44]

Pretty ballsy open carrying to the school. Good for him.

[twency]

Police said they charged Jorge Rosado, 25, of Hazleton, the man who walked away from the school with Rivera, with disorderly conduct.

For what? Walking away from the school? Poor reporting methinks.

[Exbiker]

Read the Federal gun free zone law of 1995 or 1996. It's really scary.

[CPratt]

Problem is case law has not yet defined "other lawful purpose" even thought when you apply for your LTCF one of the example often use for Lawful purpose for permit is Self-Defense.

Hope he is smart and gets a good lawyer.

[gnbrotz]

The correct statutory language (now incorrectly quoted twice) is "other lawful purpose".

18 Pa.C.S. § 912: Possession of weapon on school property

(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.

[Steve in PA]

Read the Federal gun free zone law of 1995 or 1996. It's really scary.

If he had a LTCF issued by PA, he is NOT in violation of the GFSZA.

[csmith]

We are not likely to see a follow up to this article either way unless this person is a member here. A similar incident occurred last year at the high school and there never was a follow up. I contacted the paper and several members of the school board in attempt to discuss inaccuracies in citations of the relevant laws only to be ignored.

[normanvin]

So someone decided to test the waters. Can't wait for this outcome.

It is
Doubtful we will hear about the outcome