Carry in church with school on same property?

[undertow]

Our church has a school on the same property, but not in the same building.

PA law says the following [emphasis mine]:

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.

I won't be in the school building, but the church and school are on the same property. The church building sits right next to the school building, maybe 300 feet apart. The parking lot is used for both. So is the church and parking lot still considered to be "on the grounds of" the school? Or is the school "on the grounds of" the church? I would only be there on Sundays, when the school building will be empty (although I assume that doesn't matter, given how the law is written).

If I were to carry my gun when I go to church, am I in the clear? Or is this still a gray area? (I don't want to be a test case)

[bogey1]

"Any lawful purpose"

I cc. No one knows anything.

[gnbrotz]

If I were to carry my gun when I go to church, am I in the clear? Or is this still a gray area? (I don't want to be a test case)

"Test case" implies the issue has never been argued. That is incorrect. Anfuso and Goslin both support the belief that "lawful purpose" means exactly what many of us believe it means.

To date, there is still NO KNOWN CONVICTION under PA §913, absent other criminal conduct in conjunction with the possession of a "weapon", and at least 2 known cases where the affirmative defense was used successfully.

[jthrelf]

"Test case" implies the issue has never been argued. That is incorrect. Anfuso and Goslin both support the belief that "lawful purpose" means exactly what many of us believe it means.

To date, there is still NO KNOWN CONVICTION under PA §913, absent other criminal conduct in conjunction with the possession of a "weapon", and at least 2 known cases where the affirmative defense was used successfully.

Nice summary. Thanks.

[Manxdriver]

I*d consider it a mere building if school is not actively in session. As in, teachers and students present, books open and learning occurring. The rest of the time it*s only a building.

I pretty much hold the same argument for work zones on a roadway: no workers present and sweating, it ain*t a work zone!

I’m not a lawyer! And your mileage may vary.

[Walleye Hunter]

I*d consider it a mere building if school is not actively in session. As in, teachers and students present, books open and learning occurring. The rest of the time it*s only a building.

I pretty much hold the same argument for work zones on a roadway: no workers present and sweating, it ain*t a work zone!

I*m not a lawyer! And your mileage may vary.

I believe that the word 'active' has been inserted into the workzone laws.

[gnbrotz]

I*d consider it a mere building if school is not actively in session. As in, teachers and students present, books open and learning occurring. The rest of the time it*s only a building.

I pretty much hold the same argument for work zones on a roadway: no workers present and sweating, it ain*t a work zone!

I*m not a lawyer! And your mileage may vary.

It's nice that you think that, but that is not what the statutory language says, at all.

[OwenP]

Our church has a school on the same property, but not in the same building.

PA law says the following [emphasis mine]:

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.

I won't be in the school building, but the church and school are on the same property. The church building sits right next to the school building, maybe 300 feet apart. The parking lot is used for both. So is the church and parking lot still considered to be "on the grounds of" the school? Or is the school "on the grounds of" the church? I would only be there on Sundays, when the school building will be empty (although I assume that doesn't matter, given how the law is written).

If I were to carry my gun when I go to church, am I in the clear? Or is this still a gray area? (I don't want to be a test case)

I do t know man sounds like an avoid to me