Carry on school grounds

[badwolf]

From handgunlaw.us "A Dr. was arrested (Approx 1/3/13 with legal Permit) for having a firearm on school property in PA. He was not arrested for almost 3 weeks until the court decided that he could be charged and that the wording, “Other Lawful Purposes” didn’t apply in this case. Until this case is settled and a final decision is made by the courts concerning that wording and what it means in law I would not carry on any school property." Has anyone heard anything about this case? Also curious what constitutes "school property/grounds" if i walk on the sidewalk of a school is that considered their grounds?

[internet troll]

It was discussed in a few threads. Here is one.

http://forum.pafoa.org/pennsylvania-...luence-pa.html

[Statkowski]

Also curious what constitutes "school property/grounds" if i walk on the sidewalk of a school is that considered their grounds?

It all depends on where the sidewalk is. If it's alongside a public thoroughfare, then you've got a public easement on the sidewalk. If it's along a school driveway, meant for dropping off and picking up kids, then it's not.

Alongside a public roadway, the school property ends where the sidewalk begins.

[90volts]

Are you on school grounds for a lawful purpose or unlawful purpose?
Now read what the law says.

[knight0334]

From handgunlaw.us "A Dr. was arrested (Approx 1/3/13 with legal Permit) for having a firearm on school property in PA. He was not arrested for almost 3 weeks until the court decided that he could be charged and that the wording, “Other Lawful Purposes” didn’t apply in this case. Until this case is settled and a final decision is made by the courts concerning that wording and what it means in law I would not carry on any school property." Has anyone heard anything about this case? Also curious what constitutes "school property/grounds" if i walk on the sidewalk of a school is that considered their grounds?

Property lines and easements... Open up this link in another window, it will give you a little visual about property lines, Right-of-Ways, and easements.

http://forum.pafoa.org/attachment.ph...7&d=1229536698

You need to know where that sidewalk is relative to property lines and RoW's. If the sidewalk goes out of public domain or out of non-school private domain, and onto school property - the school weapons thing can be an issue.

Not every public road width is the same in PA. It is as narrow as 8'-3" and as wide as several hundred feet. Township and municipal widths tend to be 33ft wide overall, but in towns who's parcels and roads were plotted prior to construction it can vary greatly. Common state road RoW widths are 30, 33, 40, 50, and 60 feet. Hell, I know of places where PennDOT has a paved section of road that is 22ft wide, and the RoW is 20ft wide. ...2ft of pavement is on private properties(Warrens Mill Rd, Somerset Co).

You are best to steer clear of schools if and when possible when carrying a gun. Until case law sets a definition to our advantage, or we get the General Assembly to give us a good definition, you run the risk of spending 5 years in prison and losing your gun rights for LIFE.

[spacemanvic]

Cost him 10k and ARD to get rights restored.

This is from July 2013:

http://articles.dailyamerican.com/20...chool-property

[SevenMilePete]

From handgunlaw.us "A Dr. was arrested (Approx 1/3/13 with legal Permit) for having a firearm on school property in PA. He was not arrested for almost 3 weeks until the court decided that he could be charged and that the wording, “Other Lawful Purposes” didn’t apply in this case. Until this case is settled and a final decision is made by the courts concerning that wording and what it means in law I would not carry on any school property." Has anyone heard anything about this case? Also curious what constitutes "school property/grounds" if i walk on the sidewalk of a school is that considered their grounds?

I'm not sure about Pa., but it is in Va. . I remember a few years ago, a guy getting convicted for OC, walking his dog, past a school, at 10 PM, in the summer. Very idiotic law. It seems one of the neighbors was alarmed by someone having a gun, and called police.

[SevenMilePete]

It all depends on where the sidewalk is. If it's alongside a public thoroughfare, then you've got a public easement on the sidewalk. If it's along a school driveway, meant for dropping off and picking up kids, then it's not.

Alongside a public roadway, the school property ends where the sidewalk begins.

The Gun-Free School Zones Act (GFSZA) prohibits any person from knowingly possessing a firearm that has moved in or otherwise affects interstate or foreign commerce at a place the individual knows, or has reasonable cause to believe, is a school zone. The GFSZA defines “school zone” as: 1) in, or on the grounds of, a public, parochial or private school; or 2) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

Doesn't matter where the school property ends.

[Deleted]

The Gun-Free School Zones Act (GFSZA) prohibits any person from knowingly possessing a firearm that has moved in or otherwise affects interstate or foreign commerce at a place the individual knows, or has reasonable cause to believe, is a school zone. The GFSZA defines “school zone” as: 1) in, or on the grounds of, a public, parochial or private school; or 2) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

Doesn't matter where the school property ends.

Best part of the GFSZA....

(B) EXCEPT—

(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


Another reason to get that LTCF.

[twency]

The Gun-Free School Zones Act (GFSZA) prohibits any person from knowingly possessing a firearm that has moved in or otherwise affects interstate or foreign commerce at a place the individual knows, or has reasonable cause to believe, is a school zone. The GFSZA defines “school zone” as: 1) in, or on the grounds of, a public, parochial or private school; or 2) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

Doesn't matter where the school property ends.

That's correct as far as it goes, but it's not relevant to the definition of "grounds" for the purpose of 18 Pa.C.S. § 912, which I believe was the statute in question in the case above.