School property????

**nailer** · August 19th, 2010, 06:24 PM

An outside group, not related in any way to a school district, recently held a gathering on the school property. The group had their own security force there. The security guys were open carrying sidearms. Is this legal? It was not a school function. The group had permission to use the property. I thought no one but leos could carry on school property. Could they do this and why?

**Pa. Patriot** · August 19th, 2010, 06:29 PM

There are many, many threads on the topic of school carry.

In a nutshell:

18 Pa.C.S. § 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, nunchuck 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.

**nailer** · August 19th, 2010, 06:46 PM

I did run a search, but couldn't get an answer. ... or is possessed for other lawful purpose. What does that mean?

**Pa. Patriot** · August 19th, 2010, 07:04 PM

**acosenza2** · August 19th, 2010, 07:21 PM

18 Pa.C.S. § 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, nunchuck 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.

It is my understanding that you can use the defense clause to justify carrying on school property, however it does not mean that someone will not call the police about a MWAG and consequently have a SWAT team dispatched to the school. Please keep in mind that I am not a lawyer and I am in no way saying that if you carry on school property then you will be just fine and dandy...what I am saying is that according to the law you can do it. It is worth noting that there are many things allowed by the law in PA in regards to your gun rights that the local LEO's do not know.

Welcome to gun ownership in the Commonwealth.

**anonymouse** · August 19th, 2010, 08:15 PM

Originally Posted by nailer

An outside group, not related in any way to a school district, recently held a gathering on the school property. The group had their own security force there. The security guys were open carrying sidearms. Is this legal? It was not a school function. The group had permission to use the property. I thought no one but leos could carry on school property. Could they do this and why?

You'll notice there's no exception for law enforcement. The outside group, the police, and citizens are all relying on 912(c), and "prosecutorial discretion".

(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.

I find it highly unlikely that a LEO would get charged. I can't say the same about citizens.

IANAL