Firearms on Elementary School property

[NickDFAL]

Is the enforcement of the law regarding having firearms on school property cut and dry. My question is this. If I am picking up or dropping off my kid at school while carrying with no intention of staying at the school would I be in violation of the law? Also, sometimes I might not be carrying but on the weekends, I might be on my way to my gun club with a shotgun in the back of my SUV, inside a cabinet I have built. It is not visible from the outside and not accessible from the inside.

Ths simple answer is that I should just be careful, but we all know Murphy's law so would like to know how I would stand.

Thanks

[nepawolf]

Technically, according to state law, it's not illegal to carry on school property. But, that doesn't mean that the principal/responding LEO/judge at your trial will agree with you on that. This subject has been repeatedly discussed in the carry sections. Based on the "other lawful purpose" exception in the law, it is taken to be considered as legal (rightfully so), but there is no legal precedent that has been found yet proving so. Either way it is a risk, so if you want to avoid all of the legal fees, it might be best to avoid it.

[headcase]

Technically, according to state law, it's not illegal to carry on school property. But, that doesn't mean that the principal/responding LEO/judge at your trial will agree with you on that. This subject has been repeatedly discussed in the carry sections. Based on the "other lawful purpose" exception in the law, it is taken to be considered as legally (rightfully so) but there is no legal precedent that has been found yet proving so. Either way it is a risk, so if you want to avoid all of the legal fees, it might be best to avoid it.

WHOA! To be MUCH clearer, IT IS EXTREMELY ILLEGAL to carry on school grounds, but there is a defense that says for "other lawful purpose". What "other lawful purpose" is defined as, has not been legally determined. I, and many others, feel that since self defense is as lawful a purpose as there is, to carry a firearm, it should be covered. The fact is that no one knows for sure how a court would rule. Not the numerous Reps and Senators who have been contacted, not the DA's who would have to decide to prosecute...nobody. Saying that it is taken to be considered legal is a way big leap....

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, nunchuck 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.

[lildobe]

Based on the "other lawful purpose" exception in the law, it is taken to be considered as legal

Let's be clear here. It is NOT and exception! It is a DEFENSE!

18 Pa.C.S. §912(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.

This does not EXEMPT one from being charged under this law. It only provides for an affirmative defense should one be charged.

[gnbrotz]

This does not EXEMPT one from being charged under this law. It only provides for an affirmative defense should one be charged.

True.

Funny how the police on duty in my school district don't have to defend themselves on this charge, despite the fact that they OPEN carry in the schools every day - especially since there is no exception in the law for LEOs.

[nepawolf]

Apparently, I found the "clip" of gun laws. My apologies, that is what it always seemed to mean when translated from legal mumbo-jumbo to English to me.


Also note that I said "taken to be considered to be legal," just as most pot-heads consider it a legal defense if they ask if the person is a cop.

[etenp99]

When I pick my kids up from school, I wait for them on the sidewalk. Stay off school property unless you want to be a test subject! I know it sucks but until a PA court of law defines what other legal purpose is, were stuck.

[mjf]

Let's be clear here. It is NOT and exception! It is a DEFENSE!

This does not EXEMPT one from being charged under this law. It only provides for an affirmative defense should one be charged.

Indeed, anyone, even LEOs, could be arrested for carry at a school, as no exceptions are listed under the law. Most LEOs I know believe it's only legal for LEOs to carry on school property.

[sttaffy]

There is a school at the end of my street, 2 blocks away. I very seldom walk on the sidewalk outside of the fenced in yard, and only go in there to vote. I would never carry on the school property, because I do not want to be the legal guinea pig, but where exactly are the boundaries of a school's property?

1. the fenced in area - what you would consider the 'footprint' of the school and its surrounding yard

2. #1 plus the sidewalks

3. #1 & #2 plus half of the street?

I have to drive past this sucker every day, and I was just wondering. Not trying to hijack either.

[knight0334]

There is a school at the end of my street, 2 blocks away. I very seldom walk on the sidewalk outside of the fenced in yard, and only go in there to vote. I would never carry on the school property, because I do not want to be the legal guinea pig, but where exactly are the boundaries of a school's property?

1. the fenced in area - what you would consider the 'footprint' of the school and its surrounding yard

2. #1 plus the sidewalks

3. #1 & #2 plus half of the street?

I have to drive past this sucker every day, and I was just wondering. Not trying to hijack either.

clicky for visual help -> There state legal boundaries are the property lines and public easements.

The federal boundaries are 1000ft from the school - exemptions for on your own private property and those with licenses issued by the state in which the school is located.