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Thread: School
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January 1st, 2012, 04:27 PM #1
School
The Church thread made me think of this question...is it legal to have a gun in your vehicle on school property?
For instance....if I was out all day carrying a gun and then had to go straight to pick up my kids at school...is it legal to have the gun under the seat, or do I have to take it home first?"Stupid people are ruining America." --Herman Cain
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January 1st, 2012, 04:39 PM #2
Re: School
I would recommend reading this first: http://forum.pafoa.org/concealed-ope...nsylvania.html
The law states:
§ 912. Possession of weapon on school property.
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.
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.
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.
ADIVSORY NOTE: At the time of this update, there has been thus far no court cases interpreting "possessed for other lawful purpose" insofar as applied to those licensed under §6109, exempted under §6106(b), or open carrying on foot without the benefit of being licensed or exempted on school grounds. However, common sense would dictate that if "self defense" is a valid and lawful reason for purpose of obtaining a PA LTCF than it should also be a "lawful purpose" per this statute's exceptions.
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January 1st, 2012, 04:48 PM #3
Re: School
The answer to that question is not 100% clear. The part above the states " or is possessed for other lawful purpose" makes it unclear. What exactly is "or is possessed for other lawful purpose"???
If it's lawful for me to carry for self defense, by definition, that is a "lawful purpose".
That said, you will probably be charged and spend time in jail if you get caught.
It has not been tested as far as I know, care to step up.....
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January 1st, 2012, 04:58 PM #4
Re: School
Been there, done that, won an acquittal.
Here's a start on the Chris Anfuso case (the PAFOA community was kind enough to partially fund the work needed to beat the charges and test the "other lawful purpose" clause at the trial court level):
http://forum.pafoa.org/concealed-ope...age-912-a.htmlAttorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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January 1st, 2012, 05:15 PM #5
Re: School
There ya go, I stand corrected, apparently it has been tested.
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January 1st, 2012, 05:16 PM #6
Re: School
Is it just school property or is it within a certain radius or vicinity?
Find out how close you can be without retribution, park there, go get her.
Keep it locked and hidden in your vehicle.
However, if you are talking a great distance that you must be parked out, rethink that idea.
It is like the mean dog on the long chain - find the dogs distance - stop there.
The dog (school) can stop, bark, growl, and scream - but stay just out of distance of the dog's chain.
Just a thought ...
God bless!!
PPPI am the Way, the Truth, and the Life. - Jesus Christ
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January 1st, 2012, 05:17 PM #7
Re: School
Wow...okay...that was quite a case. I take it having a gun in your vehicle on school property better be a strict DADT!!!!
We are fortunate to have the opportunity to let our kids go to a small private school so I guess having it in the car, as long as nobody knows, would not be a problem because nobody will be searching vehicles like they would at a public school."Stupid people are ruining America." --Herman Cain
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January 1st, 2012, 05:20 PM #8
Re: School
Its actually four "hims" we go get...hahaha...
I drive through numerous school zones on the roads all the time....I assume the law means you cannot STOP in a school zone, armed....
With all the school shootings you'd think they'd figure out a way to allow a certain amount of trustworthy armed people. I think at least a principal and a few senior teachers should be allowed to be armed. Personally."Stupid people are ruining America." --Herman Cain
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January 1st, 2012, 05:42 PM #9
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January 1st, 2012, 05:45 PM #10
Re: School
I guess I would need a better explanation. Possession on school property is OK since self defense is "other lawful purposes"? Or is it as others say a don't ask don't tell which to me is not acceptable since it requires breaking the law and not getting caught. Or is it that we need to challenge the law more based on the "other lawful purposes"?
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