Leaving Unloaded Firearm Locked in trunk while drop off child at public school

[moseschi]

Hi,

I have a question regarding firearms and schools. I have PA license to carry firearms. I sometimes drop off/ pick up my child at school before heading to work. I carry my concealed firearm with me.

I have heard people telling me to park my car off school grounds and walk my child. Although I could do that, it would literally take 30 more minutes as the school driveway is half a mile!

I have a combination locked box in my trunk. Can I leave my firearm unloaded and locked in the lock box in the trunk of my sedan and drive onto the school parking lot? Is this completely legal?

Please, I need references of PA law that states that this is okay. I am not just going to believe someone who says it is okay without any law back-up proof.

Thanks in advance!

[free]

I have heard people telling me to park my car off school grounds and walk my child. Although I could do that, it would literally take 30 more minutes as the school driveway is half a mile!

Damn - how slowly do you walk?

[Parrisk]

IANAL but

A very interesting case that begins to blur the lines of meaning when the court DESIRES to impose a longer sentence on a criminal.....

But it may also set a very bad precedent for LOOSE INTERPRETATION relative to all gun-related offenses!

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MUSCARELLO v. UNITED STATES
http://supreme.justia.com/us/524/125/case.html

The statute being interpreted:
18 U. S. C. § 924(c)(I)

The Majority Opinion Held:
The phrase "carries a firearm" applies to a person who knowingly possesses and conveys firearms in a vehicle, including in the locked glove compartment or trunk of a car, which the person accompanies. Pp. 127-139.

BREYER, J., delivered the opinion of the Court, in which STEVENS, O'CONNOR, KENNEDY, and THOMAS, JJ., joined. GINSBURG, J., filed a dissenting opinion, in which REHNQUIST, C. J., and SCALIA and SOUTER, JJ., joined, post, p. 139.

The Dissenting Opinion:
The narrower "on or about [one's] person" construction of "carries a firearm" is consistent with the Court's construction of "uses" in Bailey to entail an immediacy element.

[mountaineer1673]

Off-limits places in PA and what makes them off-limits:

2a.*Grounds and buildings of Elementary and Secondary schools(K-12 grades), whether the school is private or public. There is an affirmative defense for "other lawful purposes" however there is no case law determining on what that includes. To be safe, its wiser to assume it does not include our carrying "rights". - PA Title 18, Chapter 9, Subchapter 912 .

[BJR]

Off-limits places in PA and what makes them off-limits:

2a.*Grounds and buildings of Elementary and Secondary schools(K-12 grades), whether the school is private or public. There is an affirmative defense for "other lawful purposes" however there is no case law determining on what that includes. To be safe, its wiser to assume it does not include our carrying "rights". - PA Title 18, Chapter 9, Subchapter 912 .

There's also the goofy part about conveyance:
(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.

Even if you don't bring it on campus you're technically in violation.

Bryan

[Pastor Hadley R. Hayes]

There's also the goofy part about conveyance:
(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.

Even if you don't bring it on campus you're technically in violation.

Bryan

I Discussed this with a Police Academy instructor a few years ago when working at that college. He believes it refers to official transportation like school buses and vans. Not your POV.

[BJR]

I Discussed this with a Police Academy instructor a few years ago when working at that college. He believes it refers to official transportation like school buses and vans. Not your POV.

I agree that they'd really have to have it out for you to charge you with this, but...it could be more clear.

Bryan

[Mitch10mm]

It's generally accepted that you can't have a gun on school property. Unloaded and lockbox don't make much difference if somehow, someone found out and the cops are waiting for you.

Most likely if this were to happen, you could refuse a search of your car and lie but they'd probably get their way in the end. Then it plays out in a courtroom or you take a plea.

It's a risk. There is language of " lawful purpose" but the cops on scene won't get into such a debate.

[bogey1]

Bryn mawr? The mere sight of a firearm will shut the entire town down.

[Pilot321]

Bryn mawr? The mere sight of a firearm will shut the entire town down.

Lib, yuppie central.