1000 feet from school law

**sbaker** · March 14th, 2009, 03:27 PM

I have a question about the restriction on having firearms within 1000 feet of a school.

I understand that the legal restriction doesn't apply to colleges where it becomes a simple private property issue. My young son goes to a pre-school which is actually located on a college campus. They actually teach the university students about childhood education in a live pre-school environment. Do I need to leave my weapon in the vehicle before entering the school in this case? Are other private schools covered under the law?

If I start a private school, am I free to believe that concealed carry permit holders are an asset to the security of the children and expressly publish a policy that permits firearms with so parents can make their own choice?

I've read posts elsewhere from some of the well informed individuals on this forum (this forum is awesome) that indicate that LTCF holders carrying concealed on school property may not technically be illegal anyway, but it hasn't been tested in court and I certainly don't want want to be the test subject. But, given the location and what I've heard, I think it would be significantly less safe to leave the firearm in my vehicle.

**keryst** · March 14th, 2009, 03:37 PM

It's a pre-school, not a primary or secondary school, so the federal law doesn't apply. It becomes a private property situation.

Even if it was a kindergarten, only the actual area of the kindergarten is off-limits if you have an LTCF. But again, see private property rights.

The federal law doesn't seem to make any exceptions for private primary / secondary schools that expressly ALLOW firearms, so I'd suggest "no", it would still be unlawful.

**IV_Warrior** · March 14th, 2009, 03:57 PM

Federal law doesn't apply if you have a LTCF.

"(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;

**imperialism2024** · March 14th, 2009, 04:26 PM

Originally Posted by IV_Warrior

Federal law doesn't apply if you have a LTCF.

Correct. The "1000 foot rule" can be disregarded in Pennsylvania if you have a Pennsylvania LTCF.

The only issue at that point is the prohibition in Pennsylvania law. It reads:

§ 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.

**matthewpsu17** · March 16th, 2009, 10:59 AM

What if you are a school teacher? Can you leave your gun in the car that is in the parking lot?

**knight0334** · March 16th, 2009, 11:05 AM

Originally Posted by matthewpsu17

What if you are a school teacher? Can you leave your gun in the car that is in the parking lot?

No. Firearms are prohibited on the "grounds", not just the buildings.

**Bigrepp61** · March 16th, 2009, 11:06 AM

Originally Posted by sbaker

I have a question about the restriction on having firearms within 1000 feet of a school.

I understand that the legal restriction doesn't apply to colleges where it becomes a simple private property issue. My young son goes to a pre-school which is actually located on a college campus. They actually teach the university students about childhood education in a live pre-school environment. Do I need to leave my weapon in the vehicle before entering the school in this case? Are other private schools covered under the law?

If I start a private school, am I free to believe that concealed carry permit holders are an asset to the security of the children and expressly publish a policy that permits firearms with so parents can make their own choice?

I've read posts elsewhere from some of the well informed individuals on this forum (this forum is awesome) that indicate that LTCF holders carrying concealed on school property may not technically be illegal anyway, but it hasn't been tested in court and I certainly don't want want to be the test subject. But, given the location and what I've heard, I think it would be significantly less safe to leave the firearm in my vehicle.

you must be talking about KU.... just keep it concealed.... most of the students up there dont even care about it as long as its not pointed at them....