School carry question.

[Pro2A]

My wife is doing relay for life on the 29th. It's an all night event and they need an armed "guard" to sit at the cash til.

The state police are not willing to guard all night, just willing to drive by now and then. The security service the school uses is not armed, and the school LEO is not staying up all night for this.

They have asked if I want to do it, since my wife says that I carry and have a little training in the use of handguns. All they need is an armed person to guard the cash all night. The issue is it is on school property. Would this be legal to carry? What would the the organizers of this event have to do to make sure it's legal to OC on school property (which is required of the armed guard)? Can the principal give the ok?

Thanks for the help.

[PisnNapalm]

I think I'd want permission from the principal, the school board, the state police and a note from your mother. That ought to cover ya.

[Pa. Patriot]

Good question.... and often visited here on the forum... Care to be the test case?

http://paopencarry.org/pa-firearm-law-ss912

§ 912. Possession of weapon on school property.

1. 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.
2. 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.
3. 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.

[Pro2A]

The regulations for Relay for life require someone be armed to guard the cash they collect.

Would this not be a lawful supervised school event? It sounds pretty clear to me.

[Pa. Patriot]

Would this not be a lawful supervised school event? It sounds pretty clear to me.

Seems so to *me* too. So does carrying for SD seems lawful to me... but it only matters what a judge and jury think, not you and I. And until we get case law, most attorneys will say the "defense" listed in the law is dangerously vague.

Fore the record, I disagree, but IANAL

[The_Game]

Since he's acting as a guard, wouldn't he need his Act235?

[Pro2A]

Since he's acting as a guard, wouldn't he need his Act235?

Thats the thing tho, I'm not "employed". This is just a one time thing, and they need someone with a gun, and it just happens to be on school property.

[Statkowski]

If he was employed as an armed guard, he'd need Act 235 certification. In this case, however, he's a volunteer.

I really don't think he has much to worry about. Have the Relay for Life officials inform the school principal and mention the section of state law that applies.

Besides, could you imagine the field day the press would have if the carrier got busted for carrying? No prosecutor in his/her right mind would go anywhere near the case.

[The_Game]

Just covering all the bases

[HiredGoon]

Is the relay for life really a school activity or are the school grounds just being used, I think is worthwhile noting?