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Carrying a Gun on School Property

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  • 11-19-2013, 09:49 AM
    PADriver13
    Carrying a Gun on School Property
    My question involves criminal law for the state of: PA

    My question is simple. Can you carry a gun on school property? Conventional wisdom would say "no". But, PA State law says something different.

    Assuming the individual in question is licensed to carry a firearm by the State of PA:
    It is unlawful to possess any firearm:

    on school property but 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 being said, would not being licensed to carry a firearm mean that the individual is possessing the firearm for "other lawful purpose"?

    To the best of my knowledge, this has never been challenged in PA. Do any of you know of any case law that might provide insight into this?

    There is where I am referencing my info from: Pa.C.S. 18, II, G, 61, A: Uniform Firearms Act
  • 11-19-2013, 09:55 AM
    Mr. Knowitall
    Re: Carrying a Gun on School Property
    Why do you want to carry a gun onto school property?
  • 11-19-2013, 10:02 AM
    cdwjava
    Re: Carrying a Gun on School Property
    Are you a student at the school? A parent of a child at the school? If you have no lawful right to be on the school grounds, or are on school grounds in violation of a policy that prohibits firearms, you could find yourself in trouble.
  • 11-19-2013, 10:09 AM
    jk
    Re: Carrying a Gun on School Property
    well, go ahead and carry your gun onto the school grounds. I suspect you will have the opportunity to give your defense a test.

    Maybe you will get the opportunity to make new law.


    btw: having a license to carry a gun is not a purpose. A license bestows a right. A purpose is a reason for taking any given action.
  • 11-19-2013, 10:15 AM
    PADriver13
    Re: Carrying a Gun on School Property
    Quote:

    Quoting Mr. Knowitall
    View Post
    Why do you want to carry a gun onto school property?

    I don't. Just curious. Looking for case law already existing.

    Quote:

    Quoting cdwjava
    Are you a student at the school? A parent of a child at the school? If you have no lawful right to be on the school grounds, or are on school grounds in violation of a policy that prohibits firearms, you could find yourself in trouble.

    I am not a student. I am referring to a local high school that I frequent for athletic games, etc. I am not a parent of a child at the school, however, I am a tax payer to the school.

    Quote:

    Quoting jk
    btw: having a license to carry a gun is not a purpose. A license bestows a right. A purpose is a reason for taking any given action.

    Ok, makes sense. A purpose is a reason for taking any given action. What if I drive through the school complex (so, technically, on school grounds), but the reason I do so is because it is faster for me to get from Point A to Point B by traveling over school property?
  • 11-19-2013, 10:17 AM
    cdwjava
    Re: Carrying a Gun on School Property
    Some people seem to think that carrying a firearm makes them eminently safer than not, and they start behaving in a more reckless manner than they might otherwise. The Tombstone courage that sometimes comes with packing a firearm by those untrained in its proper use and application can be far more dangerous than NOT having one. I've seen people make some very serious and poor decisions because the weapon they carry gives them a sense of invincibility ... a dangerous thing.

    I, for one, am capable of carrying on school grounds. In fact state law pretty much exempts me from most firearm laws because I am a peace officer. But, that doesn't give me a lawful right to enter anyplace - public or private - if the entity asks me to disarm in order to conduct my business there. If I refuse to disarm and am off duty, then I can be lawfully denied entry. That's happening at NFL stadiums throughout the country as well as private venues for other purposes.

    - - - Updated - - -

    Quote:

    Quoting PADriver13
    View Post
    I am not a student. I am referring to a local high school that I frequent for athletic games, etc. I am not a parent of a child at the school, however, I am a tax payer to the school.

    That's great. I am sure they appreciate the support.

    But, does the school have signs posted that prohibit the possession of firearms on campus? If so, then your possession of one - license or not - could result in a police encounter.
  • 11-19-2013, 10:19 AM
    jk
    Re: Carrying a Gun on School Property
    Quote:

    Ok, makes sense. A purpose is a reason for taking any given action. What if I drive through the school complex (so, technically, on school grounds), but the reason I do so is because it is faster for me to get from Point A to Point B by traveling over school property?
    there is a great chance that not only is that not a lawful purpose but it is also a crime. Haven't chased it but many states state that unless you have a lawful purposed to be on school grounds, and that is generally defined as one involving a school activity, is trespassing. You might want to check that out.
  • 11-19-2013, 10:22 AM
    PADriver13
    Re: Carrying a Gun on School Property
    Quote:

    Quoting cdwjava
    But, does the school have signs posted that prohibit the possession of firearms on campus? If so, then your possession of one - license or not - could result in a police encounter.

    Yes, there are signs prohibiting firearm carrying on school grounds. My question is if the UFA protects me because I am a lawful owner. If I am driving from Point A to Point B and the fastest, most direct route is to travel across school property, can I legally do so with a firearm in my vehicle? Now I have a lawful purpose for traveling across school property, and am legally allowed to carry a firearm. So if I am just passing across the prohibited grounds, does the UFA provide a defense based on the verbiage that I included?

    By the way, just to clarify, this school complex isn't like in the middle of nowhere. There are public streets that run right thru the campus. Now I am assuming that those public streets are considered differently actually on the grounds - but I am just making the point that I am not going out of my way to travel on school grounds. It is right in the middle of my town and there are at least 6 public roads that crisscross through the campus.

    PS cdwjava - I couldn't agree more about training. I train constantly and am proficient with the use of my weapon. I am also a certified instructor by the NRA.
  • 11-19-2013, 10:27 AM
    Mr. Knowitall
    Re: Carrying a Gun on School Property
    If you find a school that actually provides such a short cut, you are free to drive through the grounds on your way to your destination until the day you are stopped and arrested for gun possession, then you can raise the "other lawful purpose" defense in court and tell us how it goes....
  • 11-19-2013, 10:33 AM
    PADriver13
    Re: Carrying a Gun on School Property
    Quote:

    Quoting Mr. Knowitall
    View Post
    If you find a school that actually provides such a short cut, you are free to drive through the grounds on your way to your destination until the day you are stopped and arrested for gun possession, then you can raise the "other lawful purpose" defense in court and tell us how it goes....

    That's where I stand right now. That sounds like a VERY, VERY expensive proposition. To the best of my knowledge, no one has challenged it yet in PA. Couldn't a tax payer claim that he has an inherent right to be on school property just because he pays taxes to the district?
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