In and out of private & public schools ?

**Bravo Whiskey** · November 17th, 2009, 07:37 PM

Saw an arrest thread for having a gun on school property.
I have a 12 yo and a 9 yo. They are in and out of events all the time. This eve is perfect example. I am CC'ing and need to pick the son up @ a freinds house and get him to Football practice, run him over & drop off @ Private School field, run and meet wife to get daughter to BB practice w/ is @ public school, swing back to get boy and have toi get him to BB practice @ a diff Private school. I have not been home yet and I am carrying. Am I breaking the law. No guns on private or public schools for unlawful purposes is what I read some where.
Thanks in advance,

Oh yea, were aren't nuts it is just that the football team has gone undefeated and we over lapped w/ Hoppes!

**Statkowski** · November 17th, 2009, 07:42 PM

Are you breaking the law while CCing in a K-12 school? That's one for a court case to decide. You can argue no, the DA (if he/she desires) can argue yes. "Other lawful purposes" has yet to be clearly defined.

**unloved** · November 17th, 2009, 07:55 PM

Originally Posted by Bravo Whiskey

Am I breaking the law.

Yes, you are.

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.

(c) may, I repeat, may be a defense. It is not an exemption. Possession of a weapon on school property is a crime.

**-JD-** · November 17th, 2009, 08:59 PM

Originally Posted by unloved

Yes, you are.

(c) may, I repeat, may be a defense. It is not an exemption. Possession of a weapon on school property is a crime.

Ignoring the "Lawful Purposes" ambiguity,
Possession by an on-duty police officer - Illegal
Possession by an elected/licensed constable at a school polling place - Illegal
...

Yet another ill-conceived and poorly written law!

Quite frankly, we should consider filing private criminal complaints against every police officer who ever sets foot on school property. Nothing against the officers! - Just to force the issue.

**rady8um** · November 17th, 2009, 09:29 PM

Originally Posted by unloved

Yes, you are.

(c) may, I repeat, may be a defense. It is not an exemption. Possession of a weapon on school property is a crime.

How did "shall" be a defense become "may" be a defense?

**unloved** · November 17th, 2009, 09:36 PM

Originally Posted by rady8um

How did "shall" be a defense become "may" be a defense?

It's never been tested. We all think that carrying for self defense fits in there, but who knows if a judge or jury would consider that an "other lawful purpose"?

**rady8um** · November 17th, 2009, 09:42 PM

Originally Posted by unloved

It's never been tested. We all think that carrying for self defense fits in there, but who knows if a judge or jury would consider that an "other lawful purpose"?

I meant the part of the statute which states "shall be a defense". Nowhere does it say "may be a defense".
Sort of like the difference betweent may issue and shall issue, is it not?

**unloved** · November 17th, 2009, 10:00 PM

Originally Posted by rady8um

Nowhere does it say "may be a defense".

I said "may". We don't know. I'm not going to tell anyone that they can carry on school property with no worries when we have no idea if the courts will agree with our interpretation of the statute.

**knight0334** · November 17th, 2009, 10:12 PM

Originally Posted by rady8um

How did "shall" be a defense become "may" be a defense?

The "shall be" isn't in debate. What is in debate is the definition of "lawful purposes", and what that entails.

**ddog101775** · November 17th, 2009, 10:30 PM

Bravo Whiskey, you might want to edit your post. edit it so that it doesn't say that you carried anywhere near public school grounds. unless you want to be a test case for whether or not you're breaking the law. you're admitting to committing questionabley legal acts.