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Thread: school is having a fundraiser
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October 12th, 2012, 11:28 AM #1
school is having a fundraiser
Going to a school fundraiser at a hotel. there will be some students there. it's 100.00 per seat. it's for a charter school, 1st thru 8th grade. Philadelphia school superintendent will also be there.
Can carry?Last edited by dunsho; October 12th, 2012 at 11:30 AM.
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October 12th, 2012, 11:38 AM #2Super Member
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Re: school is having a fundraiser
Unless the Hotel is a prohibited place... I would say yes (IANAL).
If the Hotel specifically prohibits with signs - that is for you to decide (private property rights ,etc).
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October 12th, 2012, 12:56 PM #3Super Member
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Re: school is having a fundraiser
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October 12th, 2012, 03:42 PM #4
Re: school is having a fundraiser
I guess this is where i'm a little confused.
if i go on a school field can i carry? I'm driving myself, what if i drive my kid?
or if i go to a school's sporting event at a public field, what if it's a public field but it's also the school's "home" field.
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October 12th, 2012, 04:02 PM #5Super Member
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Re: school is having a fundraiser
As the "where you can carry in PA" sticky thread clearly indicates, any time you're on K-12 school property, you're in a gray area where the case law is not quite settled. If the athletic field is part of the school, it's part of the school.
The term in question is "other lawful purpose," and it is unclear whether dropping your offspring off, or as you mention, attending a game, is a "lawful purpose" that allows you to carry your side-arm while engaged in it. There's a fellow up north who was recently tagged for carrying while registering his child for classes, or more accurately, who got stopped by the metal detectors. I'm not sure we know how that turned out.
A public park that includes an athletic field is a public park, and you're permitted to carry there.
HOWEVER, that doesn't mean that the school or school district can't or won't enact a "code of conduct" for students and their guests at school events on or off campus. The degree to which this is binding on in the case of a public school is unclear. In the case of a private school (and charter schools may be considered "private"), it probably would stick. To take the firearms piece out of it; suppose the school says "no foul language" at school-sanctioned events. You come to your kid's school team's soccer-match on a public field and call the a referee a "stupid blind c***s***er." The charter school or private school responds by inviting you to find another institution to educate your kid. You really don't have a leg to stand on.
Indeed, many, many, private schools bind their students and even parents to rules of conduct that apply outside of school hours and off school property.
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October 12th, 2012, 04:17 PM #6
Re: school is having a fundraiser
Here's the actual statute for you to refer to:
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.
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