Man arrested for having gun on school property

[jcabin]

I sent the guy an add on facebook.
hopefully he replies then i can forward him here.

[ImminentDanger]

Here are the charges:

MDJ Report

Charge .. .. .. .. Grade .. Description
18 § 912 §§ B .. M1 .. .. POSSESS WEAPON ON SCHOOL PROPERTY

CALENDAR - Schedule .. .. .. Date
Arraignment .. .. .. .. .. .. .. 10/26/2009 03:15 PM
Preliminary Hearing .. .. .. .. 11/02/2009 10:15 AM Continued
Preliminary Hearing .. .. .. .. 12/10/2009 01:30 PM

...
ID

[jerkin]

My bet is they let him plead to a lesser charge so they don't have to test the "legal defense" themselves. They won't want to lose this one.

[Steve_NEPhila]

The school is not private property as far as I can tell. This is form their website:

The North Montco Technical Career Center was formed as one of four area Vocational-Technical Schools in Montgomery County in 1964. The building was constructed on a 15-acre parcel of land along Sumneytown Pike in Towamencin Township. The school opened in 1967 and is jointly owned by the North Penn, Souderton Area, Wissahickon, Methacton and Perkiomen Valley School Districts.

The operation of the Center is authorized by the North Montco Joint Operating Committee (JOC) comprised of two school board members from each of the sending school districts with the exception of North Penn School District, which is represented by three board members.

A Superintendent of Record is the chief School Administrator and the Administrative Director is responsible for the school operation. The school serves approximately 1300 students from the 5 surrounding school districts. In addition to technical training, North Montco Technical Career Center provides academic courses to our fulltime students.

Plus this record exists in the PA Corp. Database:

ate: 10/27/2009 Business Entity Filing History
(Select the link above to view the Business Entity's Filing History)

Business Name History
Name Name Type
NORTH MONTCO AREA TECHNICAL SCHOOL AUTHORITY Current Name
PA Municipal Authority - Domestic - Information
Entity Number: 254002
Status: Withdrawn
Entity Creation Date: 9/28/1965
Dissolve Date: 1/7/2000
Registered Office Address: UNKNOWN
PA 0 -0
Mailing Address: No Address

Looks like we have a test case on our hands for "other lawful purpose." Shit, I will throw in 100 USD for his legal fund if he fights it and does not cop a plea.

[rflynn]

The school is not private property as far as I can tell. This is form their website:

The North Montco Technical Career Center was formed as one of four area Vocational-Technical Schools in Montgomery County in 1964. The building was constructed on a 15-acre parcel of land along Sumneytown Pike in Towamencin Township. The school opened in 1967 and is jointly owned by the North Penn, Souderton Area, Wissahickon, Methacton and Perkiomen Valley School Districts.

The operation of the Center is authorized by the North Montco Joint Operating Committee (JOC) comprised of two school board members from each of the sending school districts with the exception of North Penn School District, which is represented by three board members.

A Superintendent of Record is the chief School Administrator and the Administrative Director is responsible for the school operation. The school serves approximately 1300 students from the 5 surrounding school districts. In addition to technical training, North Montco Technical Career Center provides academic courses to our fulltime students.

Plus this record exists in the PA Corp. Database:

ate: 10/27/2009 Business Entity Filing History
(Select the link above to view the Business Entity's Filing History)

Business Name History
Name Name Type
NORTH MONTCO AREA TECHNICAL SCHOOL AUTHORITY Current Name
PA Municipal Authority - Domestic - Information
Entity Number: 254002
Status: Withdrawn
Entity Creation Date: 9/28/1965
Dissolve Date: 1/7/2000
Registered Office Address: UNKNOWN
PA 0 -0
Mailing Address: No Address

Looks like we have a test case on our hands for "other lawful purpose." Shit, I will throw in 100 USD for his legal fund if he fights it and does not cop a plea.

I will also throw in $100.00. I hope we can get a hold of this guy. To bad he was not carrying.

[gnbrotz]

There is already case law on almost identical circumstances to this case - firearm in a vehicle on school property - (assuming the media reports are correct). Conviction was overturned on appeal based on the lack of "constructive possesion".

Comm. v. Heidler

[PocketProtector]

There is already case law on almost identical circumstances to this case - firearm in a vehicle on school property - (assuming the media reports are correct). Conviction was overturned on appeal based on the lack of "constructive possesion".

Comm. v. Heidler

Then you would think, they check for LTCF, he complies, everyone goes home.

[gnbrotz]

Then you would think, they check for LTCF, he complies, everyone goes home.

Umm...no. Police show up, I decline to have a conversation, end of story. Hawkins establishes that a "report of a gun" is not RAS for a Terry Stop.

Of course, if I ever decided to carry on school property (including in my vehicle), I sure wouldn't be advertising it.

[mrjam2jab]

There is already case law on almost identical circumstances to this case - firearm in a vehicle on school property - (assuming the media reports are correct). Conviction was overturned on appeal based on the lack of "constructive possesion".

Comm. v. Heidler

Was girlfriend charged also?

[gnbrotz]

Was girlfriend charged also?

No. She was never charged.