School admin. building carry ??

[jerryg]

My school administration building is miles away from the closest school, does that mean someone could carry there?

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.

[streaker69]

I bet that would be interpreted that the school admin building is still "school property" even though there aren't any students there.

[wew3]

I bet that would be interpreted that the school admin building is still "school property" even though there aren't any students there.

My district, Council Rock in Bucks Co., did just that. I'm on the side that says they are wrong and that it's a preemption violation.

Bill

http://newtown-pa.patch.com/articles...ns-at-meetings

After discussing the lack of language restricting anyone from bringing a gun to the Chancellor Center, where board meetings are held, the Council Rock School Board voted to update local board procedures regarding meetings. However the new language does not specifically mention guns.

"I want the public to be clear. It is against the law to carry guns in our buildings," board member Patricia Sexton said. "That is what our solicitor tells us."

Though the language has been altered to clarify that the Chancellor Center is "a building of the Council Rock School District, [and] is covered by and subject to state laws generally applicable to the grounds and buildings of public school districts," it does not specifically mention banning weapons.

Guns are prohibited by state law at district schools, so it is implied that guns are also banned at district properties.

The language has not been changed to say that the building should be considered as a school, but some of the board members said it should be recognized as an educational institution. At Thursday night's meeting, many children were in attendance for a merit award presentation and the singing of the National Anthem. This is one reason why Sexton said the building should be covered by the same rules as a school.

Sexton said if someone wants to challenge that law by deliberately coming to the Chancellor Center with a gun, she expects that the administrators to take proper actions to call the police.

"Schools are special places like the capitol, like court," she added. "Our most precious people are in these buildings."

****see link for the rest of the story****


ETA - this was originally discussed here: http://forum.pafoa.org/pennsylvania-...-property.html

[gnbrotz]

I bet that would be interpreted that the school admin building is still "school property" even though there aren't any students there.

Even if you don't consider the 'lawful purpose' language, the law does not prohibit possession of weapons on "school property". It prohibits them "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."

I'd argue that if even students were present at an administration building for some reason, the law still wouldn't impose a prohibition, because the building is not a "school", nor is it "the grounds" thereof (or a conveyance to/from, etc.).

IMO
IANAL

[thundrr1]

Myself,,,,, I wouldn't do it. Just my opinion. Why risk the lawyer involvement?

[Truckman]

"Schools are special places like the capitol, like court," she added. "Our most precious people are in these buildings."

****see link for the rest of the story****


ETA - this was originally discussed here: http://forum.pafoa.org/pennsylvania-...-property.html

Really???? Politicians and lawyers??? Shouldn't schoolkids be MORE precious? Also shows what she thinks about the rest of us!!!!!

[soccerdad]

Really???? Politicians and lawyers??? Shouldn't schoolkids be MORE precious? Also shows what she thinks about the rest of us!!!!!

Beat me to it. Sooo...our capitol is guarded by armed persons, our coursts are guarded by armed persons....but not our schools.

[jerryg]

I just sent an email to our DA John Morganelli in Northampton County asking him for his opinion on this situation.( I am going to set up my barricades now while I wait for a reply. LOL )

[jerryg]

I sent another email to my DA asking about the school admin. building, I guess the last email got deleted, here is the correspondence.

John Morganelli,



First let me start off by saying that I am a semi retired vet, with Act 235 I just finished 18 months working for Dunbar Armored Truck Co. I am not a wacko.

I like many other LTCF holders only want to carry our handguns where it is legal to do so, we value or right to bare arms and would not want to get into trouble for making a stupid mistake.

My question is Easton Area School District has an administration building on Bushkill Drive there is no school at this location, so would it be legal to carry a handgun there if one had business there. This question recently came up on the PAFOA.org gun forum.



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.


Thank you for your time.

His reply today.

My opinion is that the intent of the statute and the strict reading of it is that it applies to buildings and conveyances in which students would inhabit// schools or other educational institutions, not administration buildings.


Now I will write to the school district and ask them to remove the No guns sign.

[thundrr1]

This ought to be interesting...........