Question on penalty...

**steelmover** · December 14th, 2010, 11:11 AM

What is the penalty (degree of misdemeanor or felony) if someone got caught with a firearm locked in their vehicle on school property? The person does have a valid LTCF.

**acosenza2** · December 14th, 2010, 11:25 AM

If someone where to have a gun in their vehicle on school property in the trunk of a car, I believe it would be a felony but I am not a lawyer and not entirely sure. There is a lawyer on the forum (GunLawyer) and I believe he had a case of another here that had a gun in their car while on school property. You might be able to find it.

Sorry I can't be more helpful.

**tl_3237** · December 14th, 2010, 11:57 AM

Violation of 18 Pa CSA 912 is a first degree misdemeanor (M1). M1s carry a max sentence of 5 years IIRC.

**ReconLdr** · December 14th, 2010, 12:03 PM

Originally Posted by steelmover

What is the penalty (degree of misdemeanor or felony) if someone got caught with a firearm locked in their vehicle on school property? The person does have a valid LTCF.

There is now case law that supports the "other legal purpose" language in this statute.

Look around this site, you should be able to find the threads on this topic.

IANAL, nor am I advising you to carry on school property. If you found your self in this situation AND YOU HAVE A DECENT LAWYER you should make out ok.

**anonymouse** · December 14th, 2010, 12:40 PM

Originally Posted by ReconLdr

There is now case law that supports the "other legal purpose" language in this statute.

From what I understand, the Anfuso case did not create caselaw. It's an example of an acquittal because of the "other lawful purpose" defense.

IANAL either

**smithwessn** · December 14th, 2010, 10:43 PM

Originally Posted by anonymouse

From what I understand, the Anfuso case did not create caselaw. It's an example of an acquittal because of the "other lawful purpose" defense.

IANAL either

This was my understanding as well.

IANAL either.

**ReconLdr** · December 14th, 2010, 11:16 PM

Originally Posted by anonymouse

From what I understand, the Anfuso case did not create caselaw. It's an example of an acquittal because of the "other lawful purpose" defense.

IANAL either

Originally Posted by smithwessn

This was my understanding as well.

IANAL either.

I guess I have demonstrated my lack of legal expertise... I thought that's what case law was... I stand corrected.

**smithwessn** · December 15th, 2010, 08:30 AM

Originally Posted by ReconLdr

I guess I have demonstrated my lack of legal expertise... I thought that's what case law was... I stand corrected.

I am no expert by far... It's my understanding that case law was not established because the case didn't progress high enough through the court system. A lower court can't establish case law or some such. At least I think that's what I remember reading in the Anfuso thread. Perhaps someone else will be along to better explain. I swear law makers make shit as confusing as possible just to keep an edge over the average joe.

**GunLawyer001** · December 15th, 2010, 02:52 PM

Originally Posted by smithwessn

I am no expert by far... It's my understanding that case law was not established because the case didn't progress high enough through the court system. A lower court can't establish case law or some such. At least I think that's what I remember reading in the Anfuso thread. Perhaps someone else will be along to better explain. I swear law makers make shit as confusing as possible just to keep an edge over the average joe.

Case law is a decision by a court that is binding on all lower courts, or at least persuasive authority for parallel courts. Trial courts (Common Pleas) are the lowest rung that can handle misdemeanor and felonies.

We would have needed to lose the case in Common Pleas, then won in Superior Court, in order to make case law. Because we won, all we have is an example of a factual circumstance where one judge correctly read "other lawful purpose" to mean "a purpose which is not unlawful".

If it had gone any other way, then possessing anything with the potential to hurt someone would be punishable by 5 years in prison, unless you possessed it for a "school related" purpose. Cars kill 30,000 Americans every year, and seriously injure many times that; they easily fit the definition of a weapon. Is your car parked on school grounds as part of a supervised school activity? How about that tire iron in your trunk, were you planning on using that in Calculus 101? And what about that arsenal that you call a "tool kit", with hammers and pointy screw drivers?

No, "lawful purpose" really has to be as broad as the definition of "weapon" in this statute. It can't be a 1st degree misdemeanor to have an ice scraper in your car.

**Bigrepp61** · December 15th, 2010, 08:05 PM

what kind of school is it??? cuz when i was at college i refered to it as school... if its a college it depends on the schools policy... but its not againts the law at a university... i believe its what, a primary or secondary school(k-12)?? im probably wrong so correct me if need be but thats what i believe i was told a while back on here...