Carry in a Church with a daycare...

[Nate]

questions

Is a church run daycare a school as defined by 18 Pa.C.S. § 912:?
If yes then is the entire church a school?

If no to both am I correct in saying that the only law I may be violating would be a trespassing law if asked to leave?

Any other relative information would be appreciated.

(Nice to be back, haven't posted here in awhile)

[tes151]

questions

Is a church run daycare a school as defined by 18 Pa.C.S. § 912:?
If yes then is the entire church a school?

If no to both am I correct in saying that the only law I may be violating would be a trespassing law if asked to leave?

Any other relative information would be appreciated.

(Nice to be back, haven't posted here in awhile)

I'm thinking daycare is just babysitting, whereas kindergarten and such would be a school. I believe all schools, private and public adhere to state laws and such. There would probably be the decider.

[HiredGoon]

I don't see how church daycare would qualify as "school property":


18 Pa.C.S. § 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, nunchuck 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.

[Nate]

what exactly is a secondary parochial school?

[wa3ra]

Catholic or Baptist High School; not sure if any other denominations have them in your area.

[Nate]

it offers these services...


# Care for ages 2 thru 5 years
# Full-time and Part-time
# Nursery School
# Kindergarten (half or full day)

[Nate]

Just found out they are licensed by the Department of Education for kindergarten.

[HiredGoon]

Just found out they are licensed by the Department of Education for kindergarten.

That doesn't sound good for you then... unless you believe that you would be carrying for an "other lawful purpose"... which appears to have not been tested in a court of law yet.

That is a decision you will have to make for yourself.

"(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".

[Nate]

That doesn't sound good for you then... unless you believe that you would be carrying for an "other lawful purpose"... which appears to have not been tested in a court of law yet.

That is a decision you will have to make for yourself.

"(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".

That's what I was afraid of.

The "school" is located on the second floor, the church on the first. But from what I understand that doesn't matter. I assume the parking lot also qualifies as school property?

[Harry]

That doesn't sound good for you then... unless you believe that you would be carrying for an "other lawful purpose"... which appears to have not been tested in a court of law yet.

That is a decision you will have to make for yourself.

"(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".

Absolutely.

It's my opinion that if one is licensed to carry it is not unlawful to have possession of a fire arm on school property as indicated via:

18 Pa.C.S. § 912: (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.

Having a LTCF for protection is a lawful purpose. I don't see how that can honestly be denied.

I really hate the thought that some day (in front of my kids or not) I may be arrested and my LTCF withdrawn for merely possessing a tool that would enable me to protect them in a place where BGs think they have free rein to shoot anyone (or use any other type of weapon to murder) at will.

As terrible as that may be I don't think I could ever forgive myself for not carrying on school grounds if the unthinkable would ever happen while I was there unarmed -- Not carrying because I was in fear that LE doesn't realize that "other lawful purpose" does indeed imply for protection of the LTCF holder.