Is a test case in the making? Firearm on school property....

[skylark]

A firearm visible in an unlocked car certainly isn't a good idea but will be interesting to see what the legal ramifications are....

__________________________________________________ __________________________________________________ __


Gun incident at Patton MS has community asking questions
September 4, 2015 | 0 Comment

Parent apparently left holstered gun in unlocked, running car at school Thursday

By Mike McGann, Editor, The Times

PattonLogoFullEAST MARLBOROUGH — Unionville-Chadds Ford School District officials reiterated Friday morning that no students were at risk when a Charles F. Patton Middle School parent apparently left a holstered firearm in a running and unlocked car outside of the school, Thursday.

After school security checked out the vehicle — while the parent was in the school picking up his child — East Marlborough police responded to the scene. While the parent, as yet unidentified, legally owned the weapon, it is illegal to carry a weapon onto school grounds under state law.

Still, district officials said, the incident is very troubling — especially in recent light of school shootings.

“Our students were never in any danger, and there was no threat to them, but the incident raises troubling concerns,” Superintendent of Schools John Sanville said in a statement Friday. “We live in a world today where incidences of violence in schools is all too familiar. Our weapons policy and the Pennsylvania Crimes Code are very strong and clear on this matter and we are vigilant in our pursuit of a safe school environment. We not only rely on our staff, but also the eyes and ears of the entire community, as we work together to ensure the safety of our students.”

The parent — who remains unidentified — is expected to face weapons charges in the incident.

The school is currently undergoing renovations to better secure its entrance, which has changed some of the parking and pickup patterns at the school.

[Bang]

will be interesting to see what the legal ramifications are

Huh? He violated the law regarding gun on school property on view and in PA law it could be recklessly endangering and risking a catastrophy. One might assume MS has similar law. What is the basis of "test case"?

[skylark]

I believe there have been discussions (and some cases) around having a firearm on school property for lawful purposes (i.e self defense). This is likely a bad example with an unlocked car, etc. but there are some parallels. Ill try a search here to look for the prior thread for reference (or someone smarter than me can jump in)

As an aside, this isn't in MS - as in the state of Mississippi but is referring to a middle school right here in Pennsylvania in East Marlborough.

[skylark]

Heres a link to the other thread from 2011 where Gun Lawyer weighed in....lots of reading there. Not saying one way or the other but will be interesting to see what happens here.

http://forum.pafoa.org/showthread.php?t=122424

[esh21167]

If only the parent had shut the car off and locked it, there might be a slim chance to clarify 'legal purpose' on school property. But since he showed poor judgment, he will be used by the left to further demonize gun owners.

[gnbrotz]

Same situation already being discussed here:

http://forum.pafoa.org/showthread.php?t=288822

[gnbrotz]

If only the parent had shut the car off and locked it, there might be a slim chance to clarify 'legal purpose' on school property. But since he showed poor judgment, he will be used by the left to further demonize gun owners.

How do either of those things have any bearing on whether or not 'lawful purpose' applies? It doesn't say "unless you leave the car running and/or unlocked." Poor judgement doesn't automatically make an otherwise lawful act unlawful.

[Gun]

How do either of those things have any bearing on whether or not 'lawful purpose' applies? It doesn't say "unless you leave the car running and/or unlocked." Poor judgement doesn't automatically make an otherwise lawful act unlawful.

Concurring, lawful purpose carries responsibility.

When considering 'lawful purpose' and 'self defense', they need to be tied together, and this is a start; https://www.nraila.org/articles/2015...rb-batfe-abuse but at the federal level.

[Bang]

OK, so it is Penna. I scanned MS incorrectly. Thanks for the clarification.

I can see where the "for legal purposes" argument is unsettled. I'm surprised school officials state students were never in danger. How can they know that? They have faith that students cannot exit the building in unauthorized manner and snoop a running unlocked car? Perhaps because the holstered gun was not readily discoverable? If so, how in hell did anyone gain knowledge the running car contained a holstered handgun? The father must have said something, or the kid did.

Think a sheriff (or the PSP) might take a dim view of a holder of a LTCF conducting himself in that fashion?

[esh21167]

How do either of those things have any bearing on whether or not 'lawful purpose' applies? It doesn't say "unless you leave the car running and/or unlocked." Poor judgement doesn't automatically make an otherwise lawful act unlawful.

Technically, that's true and I agree. But we know the system is imperfect, and the details of this scenario would likely not result in a positive decision for gun owners. And the publicity would probably do more long term damage than good. Can't you hear the public screaming 'So we want anybody to be able to bring guns on school property and leave them visible in unlocked vehicles?'