ARRESTED: Open carrier on school grounds

[Statkowski]

All of the schools in my neighborhood have a sidewalk running right through the property. Often connecting one street to another. Would that legally be considered some sort of 'public right of way'?

That sure sounds like a public right of way.

My town's school is four miles out of town, in a different township, in a different county. Where the school is, there are no sidewalks.

According to the school district's web page, it has 300 students, and that's K thru 12, inclusive.

[Sgt.K]

That sure sounds like a public right of way.

My town's school is four miles out of town, in a different township, in a different county. Where the school is, there are no sidewalks.

According to the school district's web page, it has 300 students, and that's K thru 12, inclusive.

My town's school is on a well-travelled 4-lane road, next door to the local hospital, a little over a mile from the police station, and has approximately 4,000 students in grades 9-12. It has sidewalks, they're just not usable when school lets out due to the wave of humanity trying to escape...

[dsnover]

The question could also be asked: was he on a sidewalk?

All of the schools in my neighborhood have a sidewalk running right through the property. Often connecting one street to another. Would that legally be considered some sort of 'public right of way'?

Very rural area. No sidewalks, so either walk in the road, or on the grass.

[GunLawyer001]

The question could also be asked: was he on a sidewalk?

All of the schools in my neighborhood have a sidewalk running right through the property. Often connecting one street to another. Would that legally be considered some sort of 'public right of way'?

It doesn't matter, under Federal law, unless you argue that the right of way is private property that's not part of school grounds, as opposed to school property which has an easement for pedestrians. Here's the offense and the definitions:

(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(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;
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

=========================
(25) The term “school zone” means—
(A) in, or on the grounds of, a public, parochial or private school; or
(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.
(26) The term “school” means a school which provides elementary or secondary education, as determined under State law.

[RenoV8]

This guy carried a Glock into a school and the charges were dropped against him by the DA in Delaware County. The charges against this guy will most likely follow the same path.

http://www.delcotimes.com/general-ne...ool-are-tossed

[ArcticSplash]

Are there enough people around here willing to learn how to use ESRI software to actually draw where the no-go areas are?

If so, it would be pretty easy to create a warning smartphone app to remind you that you've entered a no go zone.

[gnbrotz]

Are there enough people around here willing to learn how to use ESRI software to actually draw where the no-go areas are?

If so, it would be pretty easy to create a warning smartphone app to remind you that you've entered a no go zone.

Who decides what defines "No-go"? I'd argue that with a LTCF, school zones in PA should not be included.

map.jpg

The map above would be interesting to zoom in on.

[dsnover]

I believe that the DA declined to press charges in this case. +1 for Morganelli.