Pennsylvania Firearm Owners Association
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  1. #1
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    Default What is a school defined as in PA?

    I don't know if that's the right way to word that question, but I'm curious as to what counts as a school in the states eyes.

    Reason I'm really askingn is that once a year I do a job in manyunk at a youth tennis center. The place is called legacy youth tennis and education. I'm not what it would qualify as. I was thinking youth center, but, I'm just kind of lost. I'd like to carry during te job, especially when I walk downtown to get something to eat, but I'd also like to not go to jail.

  2. #2
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    Default Re: What is a school defined as in PA?

    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, 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)

    1980 Amendment. Act 167 added section 912.

    Cross References. Section 912 is referred to in section 6105 of this title.

    http://www.legis.state.pa.us/CFDOCS/...TOKEN=55399810

  3. #3
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    Default Re: What is a school defined as in PA?

    So what are they calling a secondary school? Is that to mean a high school or college? Also, parochial school, is that to mean you can't carry in a church that teaches young elementary classes?

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    Default Re: What is a school defined as in PA?

    It would seem that PA is similar to other states wherein Kindergarten through 12th grade would encompass the primary and secondary grades.

    http://www.portal.state.pa.us/portal...education/7209

    College would not fall under that statute. I believe I read somewhere in the statutes that the individual colleges would decide whether firearms were allowed.

  5. #5
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    Default Re: What is a school defined as in PA?

    Please read 18 Pa. C.S. 912(b) again: "... 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."

    The first part says school buildings, school grounds or school student transport (which technically includes your car if you drive your own kid to or from school.

    The second part says elementary school (which covers kindergarten through sixth grade) or secondary school (which covers junior, middle or high school). It doesn't matter if it's publicly or privately funded, or even whether or not it's licensed by the Department of Education.

    Anything above high school is exempt, unless they have their own rules and regulations, which are not laws and carry no criminal penalties.

    If the school kids go on a field trip to a museum or park, that place does not suddenly become a "no guns" location.

    If a bunch of kids get together at an after-hours social event, no on school grounds, that event doesn't suddenly become a "no guns" location.

  6. #6
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    Default Re: What is a school defined as in PA?

    Additionally, it would appear via the language of the law that any municipality-operated community college would have no ability whatsoever to apply or enforce in any way a "no guns" policy.

    But this is hotly debated.
    Junior

  7. #7
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    Default Re: What is a school defined as in PA?

    Quote Originally Posted by BFit70 View Post
    So what are they calling a secondary school? Is that to mean a high school or college? Also, parochial school, is that to mean you can't carry in a church that teaches young elementary classes?
    Primary school is kindergarten through 6th grade. Secondary school is 7th grade through 12th grade.


    Parochial school is a religious school. Like a private Catholic, Christian, Jewish, etc school.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot.

  8. #8
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    Default Re: What is a school defined as in PA?

    Sounds like that legacy tennis center is a privately funded organization for teaching tennis and is not part of any state licensed/accredited/funded K - 12 public or parochial school per the statute. My guess is that you'd be subject to the organization's rules about having a weapon on their premises rather than fall under 18 Pa. C.S. 912. Judging by some of the board members and the board chair, I'd say a gun would not be welcome there.

    http://www.legacyyte.org/about/

    There used to be an Arthur Ashe Youth Tennis Center on Umbria St. in Manayunk, a metal building jammed right up against the sidewalk - I haven't been through that area for many years. It appears that this is a spin-off from or merger with that.
    Last edited by Kurt_D; April 26th, 2014 at 11:40 PM.

  9. #9
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    Default Re: What is a school defined as in PA?

    Quote Originally Posted by Statkowski View Post
    Please read 18 Pa. C.S. 912(b) again: "... 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."

    The first part says school buildings, school grounds or school student transport (which technically includes your car if you drive your own kid to or from school.

    The second part says elementary school (which covers kindergarten through sixth grade) or secondary school (which covers junior, middle or high school). It doesn't matter if it's publicly or privately funded, or even whether or not it's licensed by the Department of Education.

    Anything above high school is exempt, unless they have their own rules and regulations, which are not laws and carry no criminal penalties.

    If the school kids go on a field trip to a museum or park, that place does not suddenly become a "no guns" location.

    If a bunch of kids get together at an after-hours social event, no on school grounds, that event doesn't suddenly become a "no guns" location.
    It would seem that a private, secular, elementary/secondary school not licensed by the Pa DoE would be excluded from 912's proscription.
    IANAL

  10. #10
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    Default Re: What is a school defined as in PA?

    Quote Originally Posted by Kurt_D View Post
    Sounds like that legacy tennis center is a privately funded organization for teaching tennis and is not part of any state licensed/accredited/funded K - 12 public or parochial school per the statute. My guess is that you'd be subject to the organization's rules about having a weapon on their premises rather than fall under 18 Pa. C.S. 912. Judging by some of the board members and the board chair, I'd say a gun would not be welcome there.

    http://www.legacyyte.org/about/

    There used to be an Arthur Ashe Youth Tennis Center on Umbria St. in Manayunk, a metal building jammed right up against the sidewalk - I haven't been through that area for many years. It appears that this is a spin-off from or merger with that.
    Yep, it's the old Arthur Ashe tennis center. They changed their name a few years back. Thanks for the info.

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