One offense or two? (Non-lawyers welcome)

[gnbrotz]

If an individual boards a school bus with other students, rides to a school, then enters the building, all while possessing a loaded handgun in a backpack ("lawful purpose" doesn't apply here), has the individual committed one offense, or two, based on the statutory language?

§ 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.

[Delkal]

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.

Maybe none......But you will be telling this to a judge.

[bogey1]

Why wouldn't lawful purpose not apply?

[Delkal]

Why wouldn't lawful purpose not apply?

It is a defense. Which means you will be telling a judge after you are arrested.

[Here4now]

If an individual boards a school bus with other students, rides to a school, then enters the building, all while possessing a loaded handgun in a backpack ("lawful purpose" doesn't apply here), has the individual committed one offense, or two, based on the statutory language?

At least two – probably more. The tendency is to dig deep and pile on as many charges as possible.

[Delkal]

At least two * probably more. The tendency is to dig deep and pile on as many charges as possible.

Does anyone know of anyone who was otherwise lawfully carrying a knife or firearm (or a big stick) being sent to jail just because they happen to be on school property?

You are not supposed to bring a firearm on an airplane either but every year hundreds of people forget and get caught and besides a stiff fine I do not remember people going to jail for this either. Can anyone come up with an actual example?

I am not suggesting to willingly break a law. Just not to live your life constantly in fear and being paranoid.

[free]

I count three.

1). On the conveyance (the school bus).

2). On the grounds of the school (between the bus and the building).

3). In the school building.

[340M&P]

Like Free said and possibly more:
Age? If not 21, carrying w/o license
Persons not to possess
If of age just getting on the bus with kids is another charge

[Daycrawler]

As a retired L.E.O. I would need more information. Age, LTCF, how many children on the bus? I could have a field day with charges on a case like this. Thats just for starters.

[steve_010]

Zero if this were the America the Founding Fathers envisioned. 1,000 if it's the America that Democrats want.