Carrying to a store near a school

[Sgt.K]

side walks are public / privately maintained by the property owner , someone correct me if I am wrong

Then a sidewalk in front of a school is then owned by the school.

My understanding (IANAL), as bodymangt indicated, is that my sidewalk is public property (i.e. my property ends where the grass meets the concrete), but I am responsible for its upkeep and maintenance (repairs, snow removal, etc.). If correct, then the school does not own it.

My 2¢

[Greywolf]

(B) Subparagraph (A) does not apply to the possession of a firearm—

(i) on private property not part of school grounds;

This is from the federal gun-free school zone law. I'm not sure how this applies to the situation described in the opening post, since to either walk or drive to a store in close proximity to a school a person would almost certainly have to traverse some portions of public property.

The question of who owns the sidewalk cannot be answered with any certainty without knowing the specific address. Sometimes the property line falls close to the pavement line and the sidewalk is a public right-of-way or easement across private property. In other locations, sidewalks are situated within the public street right-of-way, OFF private property, but each property owner is charged with maintaining the portion of sidewalk in front of his/her property.

Even if each portion of sidewalk falls on private property, though, a 1000 foot school zone is a large radius. Try to walk to a store located near the "epicenter" and you'll almost certainly have to cross a street or three within the school zone to get there.

[DonaldFite]

What about dropping a child off at school and continuing on to work?

[mrjam2jab]

What about dropping a child off at school and continuing on to work?

That's where PA law kicks in:

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, nun-chuck 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.
© 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.

[mrat]

That's where PA law kicks in:

I read "conveyance" in this instance as a school bus. I could be wrong.

[Greywolf]

I read "conveyance" in this instance as a school bus. I could be wrong.

I agree. Any other reading would mean that it's okay for me to carry in my private car if I'm driving to work, but as soon as my daughter gets into the vehicle and asks me to drop her at school I'm committing a crime by having a gun in the car -- even sitting in my own driveway.

[gnbrotz]

I agree. Any other reading would mean that it's okay for me to carry in my private car if I'm driving to work, but as soon as my daughter gets into the vehicle and asks me to drop her at school I'm committing a crime by having a gun in the car -- even sitting in my own driveway.

Based on the black-letter wording of the statute, that is exactly correct (the bold portion). Don't assume it couldn't possibly mean that just because it's so ridiculous.

[Greywolf]

Based on the black-letter wording of the statute, that is exactly correct (the bold portion). Don't assume it couldn't possibly mean that just because it's so ridiculous.

Is the word "conveyance" defined in the statute?

[tl_3237]

Is the word "conveyance" defined in the statute?

No but then we have the default:

1 Pa CS § 1903. Words and phrases.
(a) General rule.--Words and phrases shall be construed according to rules of grammar and according to their common and approved usage; but technical words and phrases and such others as have acquired a peculiar and appropriate meaning or are defined in this part, shall be construed according to such peculiar and appropriate meaning or definition.

Determining legislative intent would be needed here. That would require examining the legislative record. Necessarily this would require a judgement of a court to establish case law.

[Greywolf]

Determining legislative intent would be needed here. That would require examining the legislative record. Necessarily this would require a judgement of a court to establish case law.

Yeah, that's where I was going next.

Is there any prescribed pecking order to dictionaries for definitions of terms not defined in laws? Such as, would one have to look first in a Black's Law Dictionary and only if not defined there go to Merriam-Webster, or does one jump directly to the dictionary found in any high school library? "Conveyance" is not exactly technical jargon, but it's also not exactly common, ordinary, everyday speech, either. How many of us would say, "I jumped in my conveyance to run down to the corner store for a six pack"? I can't help think that "conveyance" as used in that statute doesn't (or wasn't supposed to) mean the same thing as "My car."