Did you guys know about this (OC at a school?)

[shefearsnothing]

My husband was talking to the police chief of Cleona last night. He was saying how there's that little "would be loop hole" in the law about carrying at a school like an elementary school, middle school etc. He must have said to the chief "but it's never been tested as far as I know" and the chief said "oh yes it has! I LOST A CASE!" Apparently it was years ago (of course my husband didn't ask for details ) but some guy was OC with a colt revolver of sorts and was sitting at the school having lunch with his kid. The chief (who wasn't the chief at the time...he used to be a county detective actually...but I digress) was the one who responded and he said he went and sat down next to him, pulled out his badge and told him he was going to have to leave and that he could not have that firearm there etc. The guy apparently responded with "YES I CAN HAVE IT HERE! I HAVE A LICENSE!" Well, he arrested him and they went to court and the judge threw it out and said "nope! He has a license!" Now personally, I have no problem with the way this went but was shocked that it went so smoothly....guy must have had a killer lawyer...(maybe it was a really good public defender? ) I seem to recall reading here about the guy who left his firearm in a vehicle with his g/f and how he won his case but never read anything here about this one. Anyway, my husband claims this case has no precedent or anything because it just went through county court etc. I have noticed a pattern with him though....it seems he does know SOME things but when it comes to THIS sort of thing a lot of people here have a LOT more experience and knowledge. I'm not trying to run up to the school and OC for lunch or anything. I was just curious as to whether or not this was "common knowledge" "around here" and what everyone's thoughts were etc.

[Seventy4Blazer]

from what i have read on here it is legal, but a bad idea...

as for a good public defender... a lot of them try to be... and i know from personal experience they are out there... ;-)

[glockman22]

so you can oc at a school but you cant cc at a school?i thought schools where 1 of the off limit locations along with federal buildings and so on.

[Gary in Pennsylvania]

so you can OC at a school but you cant cc at a school? I thought schools where 1 of the off limit locations along with federal buildings and so on.

Nope.
My take is that you can OC or CC on school grounds with LTCF. The law isn't very definitive (it's gray) about it......and one of our high-speed low-drag law experts will likely paste the code.......but it all hinges on OC/CC is allowable "....or for other lawful purpose."

Whulp - that is block #11 on my Sherriff issued LTCF! My lawful purpose is, in all capital letters, PROTECTION.

[archon]

Nope.
My take is that you can OC or CC on school grounds with LTCF. The law isn't very definitive (it's gray) about it......and one of our high-speed low-drag law experts will likely paste the code.......but it all hinges on OC/CC is allowable "....or for other lawful purpose."

Whulp - that is block #11 on my Sherriff issued LTCF! My lawful purpose is, in all capital letters, PROTECTION.

There is no appellate ruling in this state interpreting "for other lawful purpose" in that particular statute. I have heard that there are some county level, unpublished opinions on the matter generally finding it is lawful as long as you have a license. But, without doing an extensive review, I haven't stumbled across any in the county reporters.

I would assume, under a plain reading of the law, that since carrying is not strictly forbidden by another statute it is de facto lawful to carry into a primary or secondary school if you have a license. The license is required becuase of the federal gun free schools act.

[HiredGoon]

For reference:

§ 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.

[glockman22]

Nope.
My take is that you can OC or CC on school grounds with LTCF. The law isn't very definitive (it's gray) about it......and one of our high-speed low-drag law experts will likely paste the code.......but it all hinges on OC/CC is allowable "....or for other lawful purpose."

Whulp - that is block #11 on my Sherriff issued LTCF! My lawful purpose is, in all capital letters, PROTECTION.

Well that's good to know..every day i drive my kid to school i leave my firearm in the car thinking it was illegal to carry..and i do have a Ltcf.well now i will start carrying then..plus everyday i drop my kid off this other kids father is dropping him off and he is a cop..i will see what he has to say about it next time and post it..

[archon]

Well that's good to know..every day i drive my kid to school i leave my firearm in the car thinking it was illegal to carry..and i do have a Ltcf.well now i will start carrying then..plus everyday i drop my kid of this other kids father is dropping him off and he is a cop..i will see what he has to say about it next time and post it..

Beware that there is no controllling case law on the "lawful purposes" defense. Unless you want to be a test case (maybe you do?) I would still leave the gun at home.

[Gary in Pennsylvania]

Well that's good to know..every day i drive my kid to school i leave my firearm in the car thinking it was illegal to carry..and i do have a Ltcf.well now i will start carrying then..plus everyday i drop my kid of this other kids father is dropping him off and he is a cop..i will see what he has to say about it next time and post it..

BE CAREFUL WITH THAT!

Though I whoilly believe that a good defense atty could argue this......it'll COST you money!

I DO NOT OC at school because, though I feel I'll come out OK, I don't have the bank account to get me there!

[shefearsnothing]

Yeah, it's this last part listed under C that my husband was referring to

or is possessed for other lawful purpose.

Also, I agree with the poster who said that protection is listed on your app as the reason you HAVE your LTCF. Self defense is what is listed on mine and that's a lawful purpose.

archon thank you for that post. I knew that someone here would have something a little more conclusive or definitive to say about this.