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Thread: Carry on school grounds
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July 30th, 2014, 11:05 AM #1Junior Member
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Carry on school grounds
From handgunlaw.us "A Dr. was arrested (Approx 1/3/13 with legal Permit) for having a firearm on school property in PA. He was not arrested for almost 3 weeks until the court decided that he could be charged and that the wording, “Other Lawful Purposes” didn’t apply in this case. Until this case is settled and a final decision is made by the courts concerning that wording and what it means in law I would not carry on any school property." Has anyone heard anything about this case? Also curious what constitutes "school property/grounds" if i walk on the sidewalk of a school is that considered their grounds?
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July 30th, 2014, 11:09 AM #2
Re: Carry on school grounds
It was discussed in a few threads. Here is one.
http://forum.pafoa.org/pennsylvania-...luence-pa.html
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July 30th, 2014, 10:54 PM #3
Re: Carry on school grounds
Also curious what constitutes "school property/grounds" if i walk on the sidewalk of a school is that considered their grounds?
Alongside a public roadway, the school property ends where the sidewalk begins.
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July 30th, 2014, 11:40 PM #4
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July 30th, 2014, 11:45 PM #5
Re: Carry on school grounds
Property lines and easements... Open up this link in another window, it will give you a little visual about property lines, Right-of-Ways, and easements.
http://forum.pafoa.org/attachment.ph...7&d=1229536698
You need to know where that sidewalk is relative to property lines and RoW's. If the sidewalk goes out of public domain or out of non-school private domain, and onto school property - the school weapons thing can be an issue.
Not every public road width is the same in PA. It is as narrow as 8'-3" and as wide as several hundred feet. Township and municipal widths tend to be 33ft wide overall, but in towns who's parcels and roads were plotted prior to construction it can vary greatly. Common state road RoW widths are 30, 33, 40, 50, and 60 feet. Hell, I know of places where PennDOT has a paved section of road that is 22ft wide, and the RoW is 20ft wide. ...2ft of pavement is on private properties(Warrens Mill Rd, Somerset Co).
You are best to steer clear of schools if and when possible when carrying a gun. Until case law sets a definition to our advantage, or we get the General Assembly to give us a good definition, you run the risk of spending 5 years in prison and losing your gun rights for LIFE.RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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July 31st, 2014, 01:27 AM #6
Re: Carry on school grounds
Cost him 10k and ARD to get rights restored.
This is from July 2013:
http://articles.dailyamerican.com/20...chool-propertyLast edited by spacemanvic; July 31st, 2014 at 01:38 AM.
Hold the Line...
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July 31st, 2014, 01:56 AM #7Grand Member
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Re: Carry on school grounds
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July 31st, 2014, 02:03 AM #8Grand Member
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Re: Carry on school grounds
The Gun-Free School Zones Act (GFSZA) prohibits any person from knowingly possessing a firearm that has moved in or otherwise affects interstate or foreign commerce at a place the individual knows, or has reasonable cause to believe, is a school zone. The GFSZA defines “school zone” as: 1) in, or on the grounds of, a public, parochial or private school; or 2) within a distance of 1,000 feet from the grounds of a public, parochial or private school.
Doesn't matter where the school property ends.
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July 31st, 2014, 02:37 AM #9
Re: Carry on school grounds
Best part of the GFSZA....
(B) EXCEPT—
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license
Another reason to get that LTCF.
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July 31st, 2014, 04:31 AM #10Grand Member
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Re: Carry on school grounds
Last edited by twency; July 31st, 2014 at 04:35 AM.
I am not a lawyer. Nothing I say or write is legal advice.
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