Superior Court, en banc, Decision regarding Possessing Weapons on School Property!

[knight0334]

Thanks for the clarification....not that it will change my current habits. What they don't know won't hurt them...lol

Yep.

Be sure to have your LTCF and be sure to keep it concealed.

No sense in poking the bear when you can slip by down wind.

[Gman106]

It's still a crime to chew a pop tart into a gun while sitting in class though, correct?

[RenoV8]

Yep.

Be sure to have your LTCF and be sure to keep it concealed.

No sense in poking the bear when you can slip by down wind.

Agreed. Reminds me of that saying about a tree falling in the forest....if no one saw it, did it really happen?

[longcall911]

Detachable penis?

No silly... it is obviously a cock-ring.

[longcall911]

So, does this mean if I am legally carrying, when picking up my son at school, staying in the vehicle, its ok?

§ 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.
(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.

-----------------------------------------------------------------------------------
Check the meaning of conveyance. I think you will find it is the act of transfer. The law further states "transportation to or from". If I am correct the answer to your question is an absolute no, it is not lawful. Whether you do it anyway is a different conversation.

[Royinmontco]

Check the meaning of conveyance. I think you will find it is the act of transfer. The law further states "transportation to or from". If I am correct the answer to your question is an absolute no, it is not lawful. Whether you do it anyway is a different conversation.

Didn't read the whole thread, did you?

[ImminentDanger]

Congratulations Mr. Goslin and Attorney Prince!

Every case in our favor is helpful ----- BUT WE NEED CONSTITUTIONAL CARRY!

Contrary to the trial court’s conclusion, the “other lawful purpose” language does not restrict the defense provided in Section 912(c). Instead, the phrase does just the opposite: it expands the defense to include any additional or different lawful reason not otherwise mentioned in the first clause of Section 912(c), regardless of whether it is school related.(3) To conclude otherwise, would make “possessed for other lawful purpose” redundant with “possessed and used in association with a lawful supervised school activity or course.”

We conclude that the language of Section 912(c), though broad, is unambiguous, and that Appellant possessed his pocketknife on school(3) grounds for “other lawful purpose.” Therefore, we vacate Appellant’s Judgment of Sentence and order a new trial.(4)

Footnote(3)
The parties do not argue, and the trial court did not assert, that Appellant’s possession of a pocketknife for use in his profession as a carpenter, or to open cans of tuna fish, is not a lawful purpose.

Footnote(4)
Although we are concerned about individuals possessing weapons on school property, we are bound by the broad defense that the legislature has provided defendants in such cases. We would urge the legislature to review this language to ensure that the legislature’s view has not changed since it enacted this defense in 1980.

---------------------------------------------
§ 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.
(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.
---------------------------------------------

I hate when the government acts as our masters,
defining everyone as a criminal and making us
beg for the mercy of a defense...

America was founded on the concept that Citizens are the masters
and the government must beg for our mercy to when _IT_
violates the law...

WE NEED CONSTITUTIONAL CARRY!

...

[longcall911]

Didn't read the whole thread, did you?

Actually I did. But I'll let your rudeness slide. Do have a point?

[john9001]

Picking up or dropping off your kid at school is a "lawful purpose."

[ImminentDanger]

Some caution to the casual reader here. "other lawful purpose" is a defense, not an exception to the law. So, this decision does not mean that you are now permitted to carry on school property without risk of arrest.

It means that if charged and prosecuted, you can cite your lawful purpose as a defense argument, and will likely be found not guilty.

I agree - The way the law is written, despite having "an other lawful purpose", the LEO might still arrest you knowing full well that you have a valid defense... That law does not prevent a blustering LEO from flexing their not-held-accountable muscle to force you off the property...

This ruling will help you in court --- but not so much on the school grounds...

We need more LEO accountability. But even pro-gun legislators faint from the inclusion of penalties against LEOs who violate the laws or over step their boundaries...

...