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Thread: Carrying in and around schools
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June 7th, 2012, 11:17 AM #11Grand Member
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June 7th, 2012, 02:58 PM #12
Re: Carrying in and around schools
Unless you have a good lawyer and lots of cash, you should stay off of school property with a firearm. Until the General Assembly or the PA Supreme Court defines "other lawful purpose" you will be at the mercy of the police, the DA, the magistrate, the county judge, and 12 peers.
By default it is prohibited to carry on school grounds even if licensed. Then there is an affirmative defense that YOU must prove and it must qualify. If you just happen to roll the dice and get an anti-gun DA, judge, or 12 stupid peers - congratulations, you just won a Prohibited Person For Life Sticker.
And here is the kicker.. You don't even have to be on school grounds either to be caught up in the law. If you drive your kid to/from school and have a firearm in the vehicle - you are in violation of the same law even if you never pull your vehicle onto the school grounds. ..yep, even in your own driveway.Last edited by knight0334; June 7th, 2012 at 03:03 PM.
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June 7th, 2012, 03:02 PM #13
Re: Carrying in and around schools
Truth. I defended such a case, took it to verdict, won an acquittal, but it was hardly a slam-dunk. There's no binding case law defining "other lawful purpose", and the few judges who've even mentioned it in passing came out evenly for "lawful purpose is any purpose that's not unlawful" and "the statute means only those people who need to carry a gun as part of their job, like cops and security guards.)
Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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June 7th, 2012, 11:12 PM #14Junior Member
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S Tamaqua,
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Re: Carrying in and around schools
I live right across the street from a parochial school. I submitted the question to the main part of this site if I could carry my weapon from house to car even though I could toss a stick to the school's back door from my car.
They said that I was exempt because I'm a home owner in that exclusion zone.
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June 8th, 2012, 02:46 AM #15
Re: Carrying in and around schools
Here's the two threads on PAFOA regarding opposing outcomes to having a firearm on school property....
http://forum.pafoa.org/concealed-ope...ball-game.html
http://forum.pafoa.org/concealed-ope...-property.html
I still believe if Mettler had accepted the help offered by PAFOA members he would never have had to plea out with ARD....
...
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