Possessing Guns in Your Home if it is in a School Zone

My question involves civil rights in the State of: PA

Full disclosure - hypothetical but with specific details and two specific questions question.
Question - do private property rights supersede "school zone" prohibitions if the private property is within the defined "school zone"?

From what I can tell in PA, once a school zone is established by the legislative body (it must be surveyed and submitted, and as I understand, is based upon the roadways that students would potentially travel along or across), it also extends 250 feet from established boundary.

In me neighborhood, there is a private school in a residential area. There are residential (private) houses well within the 250 foot extension of the school zone.

Question 1: It is illegal to possess a gun in a school zone. Can you possess guns on your private property (or in your home) if your home & property are contained "within" the school zone?

Question 2: It is illegal to have alcohol on school property. Can you sit on your deck drinking a beer if your house and the deck are contained "within" the school zone?

I think you need to research the laws in question to make sure it speaks to a school zone rather than school property.

once you get there, post the law dealing with the restrictions in a school zone for both of the issues you asked about.

I have heard of the controlled substance laws in school zone areas. PA has one. I have not heard of firearm or beer prohibitions except on school property. Care to cite the laws you are referring to?

http://law.onecle.com/pennsylvania/c...3.017.000.html

Yes, it would appear that Disagreeable is correct. The "extension" of a school zone seems to only refer to the Controlled Substances Act. Re-reading the laws pertaining to prohibition of firearms and alcohol, the laws prohibit such possession "ON" school property.

A bit late, but to answer question one, yes you can possess and use firearms on your private property subject to local land use requirements. Transporting the firearms to and from your property would require you to secure them in a locked container. Now, if you have a permit to carry a concealed firearm, the boundary distance does not apply-you may carry your firearm anywhere in the school zone as long as you do not enter school property.

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Quoting AZDeputyClerk

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you may carry your firearm anywhere in the school zone as long as you do not enter school property.

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While I agree with that reading of the law, I suspect local LEO will not find that to be true. Unfortunately, there is still a very large gray area that needs to be argued in Court. Current State laws prohibit firearms ANYWHERE on school property, except when used for lawful purposes. There has already been one case in the State of PA in which a Court held that an individual having a valid LTCF and possessing a firearm on school property met the burden of "lawful purpose". So I guess we just need a few more of these cases to get rid of these gun free zones that infringe on other's rights.

Again you are mixing up school property and a school zone.

jk - the UFA of PA only addresses school property, so since there is no direct address of school zones, it's hard to know (legally) what the difference is. The UFA does state, however, that you are in violation of the law "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." So technically, if you get into your car that is sitting in your driveway (on YOUR private property) and you have your pistol and intend to drive your child to the school, you are already in violation of the law.

And regardless of all else, "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."

The argument many in PA are trying to make is that "possessed for other lawful purpose" means self-defense. In fact, in PA, self-defense is one of the statutory reasons for qualifying for a LTCF (license to carry firearm), so I would argue merely having a license for self defense constitutes "other lawful purpose" for having a firearm on school property.

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Quoting PADriver13

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The argument many in PA are trying to make is that "possessed for other lawful purpose" means self-defense. In fact, in PA, self-defense is one of the statutory reasons for qualifying for a LTCF (license to carry firearm), so I would argue merely having a license for self defense constitutes "other lawful purpose" for having a firearm on school property.

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Until the law is amended to say that or the courts say it, that is likely not to be seen as a lawful purpose.

Agreed. There has already been one case sided in favor of the LTCF permit holder who was arrested for having his concealed pistol on school property. In this specific case, it was upheld that having a concealed weapon for self-defense met the "other lawful purposes" definition of carrying on school. I don't have the case to cite at this time, however.