Gun Free School Zones

[rch105]

This past Thursday, near East Stroudsburg, PA, a person unknown, allegedly discharged a firearm while target shooting (a pistol by Pocono Record newspaper accounts) and the projectile struck a window at the Resica Elementary School, off Rt. 402. The projectile broke the outside pane but did not penetrate the interior pane. Reportedly no one was injured, however a student complained of receiving a scratch (no explanation of how).

PSP investigated and located 4 individuals target shooting 3/10's of a mile away. They ranged in age from 18 to 21. The Monroe County DA's office is now involved to decided what if any, charges will be filed.

According to newspaper accounts, the student's parents are outraged and want blood.

My questions:

1. Does a gun free zone extend 1000' beyond the school property lines?
(3/10's = 1584')

2. Is private property exempt from this requirement?

3. Does a PA issued LTC exempt one from illegal possession on school
property?

3. Aside from poor judgement / common sense, what might he (they) be
charged with?

[Curmudgeon]

This past Thursday, near East Stroudsburg, PA, a person unknown, allegedly discharged a firearm while target shooting (a pistol by Pocono Record newspaper accounts) and the projectile struck a window at the Resica Elementary School, off Rt. 402. The projectile broke the outside pane but did not penetrate the interior pane. Reportedly no one was injured, however a student complained of receiving a scratch (no explanation of how).

PSP investigated and located 4 individuals target shooting 3/10's of a mile away. They ranged in age from 18 to 21. The Monroe County DA's office is now involved to decided what if any, charges will be filed.

According to newspaper accounts, the student's parents are outraged and want blood.

My questions:

1. Does a gun free zone extend 1000' beyond the school property lines?
(3/10's = 1584')

Yes, 1000' from school grounds.

2. Is private property exempt from this requirement? Yes.

3. Does a PA issued LTC exempt one from illegal possession on school
property? It exempts one from the 1000' Gun Free School Zone. Actual school buildings and property are covered under PA law. Whether carrying for self-defense is an exception is not entirely settled although one case has been won at the Court of Common Pleas level.

3. Aside from poor judgement / common sense, what might he (they) be
charged with?

This is anyone's guess, but I think reckless endangerment might be a possibility, for example. There
may also be a local ordinance against target shooting or discharge in general.

[Butlerite]

When I see a post like this, I am really interested in the outcome. Here is the outcome: http://www.poconorecord.com/article/...NEWS/305010336 - I want to especially point out the final sentence, "Parents were shocked to learn from state police that a gun could be legally discharged 50 yards from the school." Not really sure where those "state police came from. Had to have been from Howard Frank (The author of the article).

[Will3212]

target practicing in your backyard is an everyday thing in my area (Wayne county PA), the guys target practicing in this case, need a better backstop and better judgement. They shouldn't be charged with anything, maybe a fine for the broken window, and a warning.

[twency]

target practicing in your backyard is an everyday thing in my area (Wayne county PA), the guys target practicing in this case, need a better backstop and better judgement. They shouldn't be charged with anything, maybe a fine for the broken window, and a warning.

I think a reckless endangerment charge would be reasonable. A bullet with enough energy to break a window pane could have put an eye out if someone had been standing in front of that window, or caused worse damage if it had hit a person closer than the window.

Always know your target and what is beyond it.

Recklessly endangering another person - 18 Pa. Cons. Stat. § 2705



§ 2705. Recklessly endangering another person.
A person commits a misdemeanor of the second degree if he
recklessly engages in conduct which places or may place another
person in danger of death or serious bodily injury.

(Cue the A Christmas Story BB gun images in response.)

[Remington788]

target practicing in your backyard is an everyday thing in my area (Wayne county PA), the guys target practicing in this case, need a better backstop and better judgement. They shouldn't be charged with anything, maybe a fine for the broken window, and a warning.

They were not charged with anything 3 years ago, when this happened.

#necrothread

[Qtrborecrazy]

I think a reckless endangerment charge would be reasonable. A bullet with enough energy to break a window pane could have put an eye out if someone had been standing in front of that window, or caused worse damage if it had hit a person closer than the window.

Always know your target and what is beyond.

Were you with the guys doing the shooting? Should anyone in a car accident be charged the same, you should be in control of your vehicle at all times?

[twency]

Were you with the guys doing the shooting? Should anyone in a car accident be charged the same, you should be in control of your vehicle at all times?

I was not there. I don't know what happened. I do know the reported result, that a bullet broke a window of a building which people are frequently in and around.

If the police show up to an accident and determine someone caused significant potential for bodily harm to others, it's common for at least one of the drivers to be charged with violations of the motor vehicle code. I don't know of anything analogous to moving violations in the UFA so instead we have to look elsewhere in the statutes for an appropriate charge. (And yeah, you should be in control of your vehicle at all times.)

I didn't say we should hang the shooter without trial, I said a reckless endangerment charge would be reasonable. I'm not certain the shooter is guilty, but I think there's probable cause to believe that he or she recklessly engaged in conduct which might have placed another person in danger of serious bodily injury. It's what I would expect to be charged with if I had fired that bullet.