ARRESTED: Open carrier on school grounds

[Daycrawler]

If police ignored him and he used the gun to shoot people, guess what would be said. It's a typical damned if you do, damned if you don't. How many times has a politician preached erring on the side of caution might save one child and is worth it. People seem to buy that one unless you are a cop.

They could have made a mere encounter. They could have watched him. They could have educated him. They didn't have to arrest him. I am a COP!

PA CC.
§ 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.

Section C IMO is the Trump card. With a LTCF self defense is a lawful purpose. I would not arrest this man, under these circumstances.

[GunLawyer001]

I don't know about this town, but where I live, the acreage occupied by schools is a significant percentage of the entire borough. It's easy to walk across school property when traveling on foot, harder to always walk around them, and really difficult to avoid the Federal limits from school property.

[fallenleader]

I don't know about this town, but where I live, the acreage occupied by schools is a significant percentage of the entire borough. It's easy to walk across school property when traveling on foot, harder to always walk around them, and really difficult to avoid the Federal limits from school property.

precisely. this is why it's important to know if he was stalking in bushes, wandering around or just happened to step on the wrong patch of grass.

[gdc]

They could have made a mere encounter. They could have watched him. They could have educated him. They didn't have to arrest him. I am a COP!

PA CC.
§ 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.

Section C IMO is the Trump card. With a LTCF self defense is a lawful purpose. I would not arrest this man, under these circumstances.

Exactly, hasn't this been discussed here recently. And the case worked out for the accused. Using this... (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.*****

[Delkal]

Exactly, hasn't this been discussed here recently. And the case worked out for the accused. Using this... (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.*****

The problem with section C's "It shall be a defense" wording is you will still be arrested.

Section C is about defending yourself in court. If he proves he was complaint with section C his charges could be dropped. But it will take a good lawyer and lots of $$$.

[knight0334]

The problem with section C's "It shall be a defense" wording is you will still be arrested.

Section C is about defending yourself in court. If he proves he was complaint with section C his charges could be dropped. But it will take a good lawyer and lots of $$$.

Correct. Which is why I've stated in other threads that you are best off avoiding carrying on school property, or at least carry concealed so not to put yourself in that position.


What may hang this guy out to dry is if he had a defensible purpose to be on the school property with a firearm. Sure, self defense is an arguable purpose to possess. But what purpose did he have on the school grounds? If this guy gets run through the system, it may come down to having lawful purpose for BOTH.

[pacodelahoya]

I don't know about this town, but where I live, the acreage occupied by schools is a significant percentage of the entire borough. It's easy to walk across school property when traveling on foot, harder to always walk around them, and really difficult to avoid the Federal limits from school property.

I live well within 1000 feet of a school, I can't walk a block to the convenience store without walking through a disarmament zone.

I oc usually, so every time I walk my dogs or go for a soda, I'm violating the law. Never had a prob, and the local convenience store is also the police hangout.

[knight0334]

I live well within 1000 feet of a school, I can't walk a block to the convenience store without walking through a disarmament zone.

I oc usually, so every time I walk my dogs or go for a soda, I'm violating the law. Never had a prob, and the local convenience store is also the police hangout.

If you have your LTCF - you aren't violating the federal GFSZA.

[gdc]

I live well within 1000 feet of a school, I can't walk a block to the convenience store without walking through a disarmament zone.

I oc usually, so every time I walk my dogs or go for a soda, I'm violating the law. Never had a prob, and the local convenience store is also the police hangout.

This is what Knight0334 was referencing and probably wrote . Within 1000ft of a school unless you have a license/permit issued by the state in which the school is located - US Title 18, Part I, Chapter 44, Subsection 922(.... i copied and pasted from the flyer. where you can and cannot carry.

[allenr]

As I see it, if he had “self defense” on his LTCF, assuming he had one, he should not have been arrested. I have no problem with the LEOs asking him a few questions and checking his license. Inconvenient but not a denial of rights. I think there might be facts we do not know. That is often the case with such reports.