Man arrested for having gun on school property

[BenP]

I think the judge believed that the school was in the protected category. I would have ruled otherwise, because the burden of the prosecution is to show that the statute applies to the place in question, and in the absence of a statutory definition or any binding case law, an adult VoTech school that also accepts High School students is not clearly an " elementary or secondary" school. But he expressly declined to find that.

It's actually a Votech schoool for high school students that's ran by the local school districts that also has adult classes at night. The VoTech school has a school board made up of members of the participating school boards. The school is also funded by the participating school districts.

[gnbrotz]

It's actually a Votech schoool for high school students that's ran by the local school districts that also has adult classes at night. The VoTech school has a school board made up of members of the participating school boards. The school is also funded by the participating school districts.

....which still doesn't make it an "elementary or secondary school" per the statutory definition contained in 913.

[Defensor Fortis]

The whole idea behind concealed carry is that your weapon stays concealed and no one ever knows its there. Obviously this guy liked to brag and thats what caused this. If he had kept his mouth shut there would be not issue. However, this is an issue that is kinda touchy. If we have concealed carry permits, should we be allowed to carry in schools or on school property? I believe that Yes, we should. Any ideas on this?

[gnbrotz]

The whole idea behind concealed carry is that your weapon stays concealed and no one ever knows its there. Obviously this guy liked to brag and thats what caused this. If he had kept his mouth shut there would be not issue. However, this is an issue that is kinda touchy. If we have concealed carry permits, should we be allowed to carry in schools or on school property? I believe that Yes, we should. Any ideas on this?

PA doesn't issue a "concealed carry permit". It's a license to carry firearms. Both concealed carry and open carry are legal options.

Both open carry and concealed carry are treated the same under the law as it applies to carrying on school property, and it's my opinion that in PA, both are legal under state and federal law, if one possesses a PA LTCF.

I have carried on school grounds on dozens of occasions, and will continue to do so. Is that bragging?

[BenP]

....which still doesn't make it an "elementary or secondary school" per the statutory definition contained in 913.

How is a school owned by school districts for the purpose of educating high school students not a secondary school?

The school opened in 1967 and is jointly owned by the North Penn, Souderton Area, Wissahickon, Methacton and Perkiomen Valley School Districts.

[gnbrotz]

The school is also funded by the participating school districts.

School districts themselves claim that they are not a public entity. They post their properties "No Trespassing, Private Property". Since they pool their monies to fund this single location, it must be "privately funded", unlike the 'traditional' schools that accept all students within a specified geographic area, from which they also are given the authority to collect taxes in order to fund.

Not all funds a school districts has are "public" funds. A multi-purpose facility, serving 'students' of any age, privately funded by a group of private organizations is not a "secondary school", and even if it were, it's not "publicly funded", and thus not covered under 913.

IMO.

[GunLawyer001]

How is a school owned by school districts for the purpose of educating high school students not a secondary school?

The school opened in 1967 and is jointly owned by the North Penn, Souderton Area, Wissahickon, Methacton and Perkiomen Valley School Districts.

I don't know, which statutory definition of "secondary school" are you looking at?

And how is a facility that offers post-secondary education considered a secondary school?

What about a band camp that's run by the school, is that a "school" for purposes of this statute? What about a park that's owned by the school district but is open to the public? What about a private auto repair shop where VoTech students have part-time jobs for which they receive HS credit?

If the legislature never defined what a secondary educational school is, then the rule of lenity says that the resulting ambiguity must be construed in favor of the defendant.

[ByblosHex]

Why is everyone so quiet on this thread all of a sudden? It's had almost 24,000 hits and almost 300 reply's. I've noticed people are still looking at the thread but not responding. Anyone care to gesture why?

no developments

[whoshisface]

Why is everyone so quiet on this thread all of a sudden? It's had almost 24,000 hits and almost 300 reply's. I've noticed people are still looking at the thread but not responding. Anyone care to gesture why?

I might be wrong bit think the "not guilty" verdict from the judge with no explanation of why he wasn't guilty pretty much ends the conversation.

[headcase]

Yeah but how do you explain the courts/police refusal to acknowledge my request to return my bail and property back to me?

They are government entities, who believe you shouldn't have firearms.

That's what lawyers are for