Pennsylvania Firearm Owners Association
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  1. #1
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    Default Church that has a Pre-K/child care attached to it

    My wife and I are looking to attend a church near us, and I know the church aspect is ok for carrying but I noticed that the church has a child care center and Pre-K attached to it. My question is, does that make the whole property a "school property" and therefore no carry?

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    Default Re: Church that has a Pre-K/child care attached to it

    When in doubt, see what the law says: http://www.legis.state.pa.us/cfdocs/...n=12&subsctn=0

    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.

    The law specifies elementary and secondary schools, which covers Kindergarten through 12th Grade. Both "child care" and "Pre-K" are not mentioned ("Pre-K" being too low, college being too high).

    No legal restrictions whatsoever.

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    Default Re: Church that has a Pre-K/child care attached to it

    I have the same situation at my kids Pre School. I carry and while CC and am not overly secret about it. To the best of my knowledge no public funding is involved, everyone pays to have children to attend. Do you know if any public funding is involved at the School you are concerned with?
    Aggies Coach Really ??? Take off the tin foil bro.

  4. #4
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    Default Re: Church that has a Pre-K/child care attached to it

    Quote Originally Posted by Daycrawler View Post
    I have the same situation at my kids Pre School. I carry and while CC and am not overly secret about it. To the best of my knowledge no public funding is involved, everyone pays to have children to attend. Do you know if any public funding is involved at the School you are concerned with?
    I do not believe it is a funding issue, but the age/classes. For example, I thought the law did not apply to religious schools, but was wrong.
    "Cives Arma Ferant"

    "I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001

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    Default Re: Church that has a Pre-K/child care attached to it

    Quote Originally Posted by PAMedic=F|A= View Post
    I do not believe it is a funding issue, but the age/classes. For example, I thought the law did not apply to religious schools, but was wrong.
    Quote Originally Posted by Statkowski View Post
    18 Pa. C.S.
    (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.
    Part B states publicly funded. To the best of my knowledge my child's school is paid for strictly by the parents. IANAL
    Aggies Coach Really ??? Take off the tin foil bro.

  6. #6
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    Default Re: Church that has a Pre-K/child care attached to it

    Quote Originally Posted by Daycrawler View Post
    I have the same situation at my kids Pre School. I carry and while CC and am not overly secret about it. To the best of my knowledge no public funding is involved, everyone pays to have children to attend. Do you know if any public funding is involved at the School you are concerned with?
    It doesn't matter.

    Only kindergarten thru 12th grades are encompassed, and if the church had a K-12 grade school the parochial clause would have covered it.

    Amish schools are prohibited places and they receive no public funds.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

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  7. #7
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    Default Re: Church that has a Pre-K/child care attached to it

    Quote Originally Posted by Daycrawler View Post
    Part B states publicly funded. To the best of my knowledge my child's school is paid for strictly by the parents. IANAL
    It is not worded that way.

    Those are separate clauses.

    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.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

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    Default Re: Church that has a Pre-K/child care attached to it

    Quote Originally Posted by knight0334 View Post
    It doesn't matter.

    Only kindergarten thru 12th grades are encompassed, and if the church had a K-12 grade school the parochial clause would have covered it.

    Amish schools are prohibited places and they receive no public funds.
    It would appear in my case that I am safe. No k thru 12 classes are held. It is new born to pre k classes only.
    Aggies Coach Really ??? Take off the tin foil bro.

  9. #9
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    Default Re: Church that has a Pre-K/child care attached to it

    Thanks all for that clarification, it is just pre-K as far as I know so I should be good to go then

  10. #10
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    Default Re: Church that has a Pre-K/child care attached to it

    You mentioned "child care" and "pre-K." Based on my observations, "child care" could also include college.

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