I reside next to a school zone.

[hartwell11b]

What rules/law is applicable to my situation, i.e. OC.

[gnbrotz]

If you hold a PA LTCF, you are exempt from the 1000' federal "gun free school zone". As long as you stay off the actual grounds, PA law should not come into play.

[Philbert]

What rules/law is applicable to my situation, i.e. OC.

According to state law, you may not carry any weapon (firearms or otherwise) onto school property. But there is no law against being armed near a school.

http://forum.pafoa.org/concealed-ope...nsylvania.html

According to federal law, you can't carry without an LTCF within 1000 ft of a school (ie, pretty much anywhere inside most cities), unless your weapon is unloaded and in a locked container. You can do so with an LTCF. The ATF's interpretation of the law is that you must have an LTCF from the state containing the school, ie they say that you would be breaking the law if you carried near a school in Florida while carrying under reciprocity. I'm not sure if this opinion has been tested in court.

[tl_3237]

The GFSZA of 1995 also provides an exception for "(i) on private property not part of school grounds; " [18 USC 922(q)(2)(B)] so possession on private property is allowed even within 1000 feet of the school grounds irrespective of any LTCF type licensure.

[jcabin]

According to state law, you may not carry any weapon (firearms or otherwise) onto school property. But there is no law against being armed near a school.

http://forum.pafoa.org/concealed-ope...nsylvania.html

Except for the "lawful purpose" clause. Tread at your own risk. The law could be inerpreted in your favor, or against. IIRC the DA in my county said it is lawful to carry a firearm on k-12 property with your LTCF. That is going to change from county to county.

[tlgpa]

I never really thought of this. My house is surrounded on 3 sides by school property, all within 1000'.

Our street bisects the school property. So does the sidewalk count as school property?

[gnbrotz]

I never really thought of this. My house is surrounded on 3 sides by school property, all within 1000'.

Our street bisects the school property. So does the sidewalk count as school property?

It "counts" as school property, only if it is actually school property. For some schools, the sidewalk may be included, but not for others. The only way to know for sure is to research and confirm the actual property lines for the school in question.

[tl_3237]

I never really thought of this. My house is surrounded on 3 sides by school property, all within 1000'.

Our street bisects the school property. So does the sidewalk count as school property?

Good question.

I'm under the impression that the sidewalk is owned by the abutting property owner (school in this case) and said ownder is responsible for construction and maintenance. However there also is an implied public easement that the sidewalk is made available to the general public for normal transient ambulation.

Whether you can be in violation of 912 for walking on the public sidewalk abutting a school is an interesting scenario. I can see it argued both ways on very technical issues but, in the interest of justice, it would seem the statute's intent would not be to prevent you from otherwise legally possessing a firearm while walking past a school.

Again only my opinion as a layman.

[tlgpa]

However there also is an implied public easement that the sidewalk is made available to the general public for normal transient ambulation.

Whether you can be in violation of 912 for walking on the public sidewalk abutting a school is an interesting scenario. I can see it argued both ways on very technical issues but, in the interest of justice, it would seem the statute's intent would not be to prevent you from otherwise legally possessing a firearm while walking past a school.

This is a very interesting point. It would be odd if I could only walk left out my front door.

[mrjam2jab]

According to state law, you may not carry any weapon (firearms or otherwise) onto school property. But there is no law against being armed near a school.

http://forum.pafoa.org/concealed-ope...nsylvania.html

According to federal law, you can't carry without an LTCF within 1000 ft of a school (ie, pretty much anywhere inside most cities), unless your weapon is unloaded and in a locked container. You can do so with an LTCF. The ATF's interpretation of the law is that you must have an LTCF from the state containing the school, ie they say that you would be breaking the law if you carried near a school in Florida while carrying under reciprocity. I'm not sure if this opinion has been tested in court.

Not just the ATF's interpretation...that's word for word what the statute states...

(B) Subparagraph (A) does not apply to the
possession of a firearm—
(i) on private property not part of school grounds;

(ii) if the individual possessing the firearm is licensed to
do so by the State in which the school zone is located
or a political subdivision of the State, and the law of
the State or political subdivision requires that, before
an individual obtain such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified
under law to receive the license;