Another §912 M1 Possess Weapon On School Property - 2/14/2018

[ImminentDanger]

https://www.ydr.com/story/news/crime...rty/341824002/

Air Rifle
"Although initially released to the custody of his mother, police brought Frobenius to Central Booking to have him arraigned on the charges"
""I don't think he had any serious malicious intent (but) you just don't go walking 50-60 yards behind the elementary school with a rifle.""

Location:
https://www.google.com/maps/@39.7624.../data=!3m1!1e3

https://ujsportal.pacourts.us/Docket...R-0000053-2018
https://ujsportal.pacourts.us/Docket...R-0000053-2018

02/05/2018 - CHARGES

1 18 §912 §§A ..... M1 . Possess Weapon On School Property
2 18 §3503 §§B1iv . S .. Def Tres Posted on School Grounds
3 18 §5503 §§A4 ... S .. Disorder Conduct Hazardous/Physi Off

Also
34 §2505 §§A ....... S .. Unlawful Hunting in Safety Zone
34 §2102 §§A ...... S5 . Violate Rules, Regs Game Commission


===================================
18 Pa.C.S. 912(c)
(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.


Commonwealth v. Goslin - FILED FEBRUARY 16, 2017

"Contrary to the trial court’s conclusion, the “other lawful purpose”
language does not restrict the defense provided in Section 912(c). Instead,
the phrase does just the opposite: it expands the defense to include any
additional or different lawful reason not otherwise mentioned in the first
clause of Section 912(c), regardless of whether it is school-related.

To conclude otherwise, would make “possessed for other lawful purpose”
redundant with “possessed and used in association with a lawful supervised
school activity or course.”

We conclude that the language of Section 912(c), though broad, is
unambiguous"


...

[RockIsland]

https://www.ydr.com/story/news/crime...rty/341824002/

BB Gun
"Although initially released to the custody of his mother, police brought Frobenius to Central Booking to have him arraigned on the charges"

https://ujsportal.pacourts.us/Docket...R-0000053-2018
https://ujsportal.pacourts.us/Docket...R-0000053-2018

02/05/2018 - CHARGES

1 18 §912 §§A ..... M1 . Possess Weapon On School Property
2 18 §3503 §§B1iv . S .. Def Tres Posted on School Grounds
3 18 §5503 §§A4 ... S .. Disorder Conduct Hazardous/Physi Off

...

I feel dumber after reading. That is some serious derp from everyone in that story.

Squirrel hunter now in prison after allegedly bringing gun on Shrewsbury Elementary property

Ted Czech | tczech@ydr.comUpdated 4 hours ago

Jack Forbenius, 18, who lives nearby Shrewsbury Elementary School, faces charges in connection with bringing a gun on the school's property.

Police have some advice for anyone thinking of hunting with a weapon anywhere near a school — don't.

Jack Frobenius, 18, who lives nearby Shrewsbury Elementary School, is now looking at criminal charges after he allegedly did just that earlier this month, according to Southern Regional Police Chief Jim Boddington.



"Not a smart thing to do," Boddington said Thursday. "I don't think he had any serious malicious intent (but) you just don't go walking 50-60 yards behind the elementary school with a rifle."

About 1:30 p.m. on Feb. 5, Southern Regional Police were sent to the school, located at 331 S. Main St., Shrewsbury, after a staff member at the school spotted Frobenius, Boddington said.

Although initially released to the custody of his mother, police brought Frobenius to Central Booking to have him arraigned on the charges on Friday, Boddington said Monday.

Boddington said that after the initial incident police were able to "glean a little more information on the case and decided to get him arraigned ASAP." He said police continue to investigate.
As of Monday, Frobenius remained at York County Prison on $35,000 bail.

Spotted in wooded area
Wearing a gray hooded sweatshirt and camouflage jacket, he was walking in a wooded area near the school with what looked like a rifle. It turned out not be a real rifle, but an air rifle, Boddington said.



Police charged Jack Frobenius with possessing a weapon on school property.
Ted Czech, York Daily Record

Still, Frobenius' actions triggered a quick response from police and forced the school into a full lockdown, according to police and the school district.

Before police arrived, a school official walked outside to confront Frobenius, and he ran away, Boddington said.
"He ran and hid. Well, that seemed suspicious," the chief said. "Having three officers was a huge asset. We set up a perimeter. We flushed him out like a rabbit."

After Frobenius' arrest, he told police he had gotten hungry, and so he decided to hunt. Boddington added that he did not have a hunting license with him and was not wearing any fluorescent clothing. He said these issues were referred to the Pennsylvania Game Commission.

READ: Pa. was the last state to allow hunting with an AR-15, and hunters are split

The day of the incident, Southern York County School District Supt. Sandy Lemmon said she "couldn't be more proud" of how police, the students and staff responded.

The chief explained that although the weapon turned out to be an air rifle, at the time of their response, police did not know that.
"We have to expect the worst," he said. "We're not going to put the safety of the kids in jeopardy."

Frobenius had no comment on Thursday. He faces one count each of possession of a weapon on school property, defiant trespass posted on school grounds and disorderly conduct, according to online court dockets.

[ImminentDanger]

If convicted of the 'Unlawful Hunting in Safety Zone' charge or hunting without a license, the application of 912(c) will evaporate due to an 'unlawful purpose'...

...

[Sgt.K]

If convicted of the 'Unlawful Hunting in Safety Zone' charge or hunting without a license, the application of 912(c) will evaporate due to an 'unlawful purpose'...

...

That's how I read it...

[Emptymag]

"It wasn't even a gun, and nobody was in danger, so we're pushing for the death penalty."


A drug dealing, repeat offender, with stolen guns would walk.

[wanneroo]

Problem is that it aint a gun. He needs a good lawyer. This is pole vaulting over a mouse turd.

[philadelphia patriot]

Are there any squirrels this time of the year? I haven’t seen one in months. ....although there are a lot of hawks near me.

[GunLawyer001]

Problem is that it aint a gun. He needs a good lawyer. This is pole vaulting over a mouse turd.

This should be an ARD case at worst, but he apparently was hunting unlawfully, and prior courts have held that a paintball gun is a "weapon" (almost anything is a weapon, you can kill someone with a bag of marshmallows or a glass of water.)

It really hinges on whether the woods are school grounds, and whether he KNEW that he was on school grounds. That's his best argument in the hypothetical that's presented by the news story (I assume that all news stories are partially fiction); that he carefully stayed off what he knew were the school grounds and stayed in the adjacent woods. Mistakes in fact are defenses in cases where you have to intend to commit the elements of the crime.

[ImminentDanger]

"It wasn't even a gun, and nobody was in danger, so we're pushing for the death penalty."
A drug dealing, repeat offender, with stolen guns would walk.

Yep - I agree - That's why I quoted from the story what I did - He may permanently lose his inalienable RKBA over an air rifle and some immature choices - plus he's already sitting in jail 'cause they can't make the bail... Crazy...

...

[gghbi]

Are there any squirrels this time of the year? I haven’t seen one in months. ....although there are a lot of hawks near me.

I saw a dead one along the road yesterday.