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carry at a school
#1
my family and I will be attending a concert this evening. I just found out it is being held at a local public school. To be clear it has nothing to do with the local school district, whoever is putting on the concert is simply using the building. My question is can I legally concealed carry tonight?
Rugerfan, proud to be a member of pa2a.org since Oct 2012.
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#2
What the law says:

Quote: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, nun-chuck 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.
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.

Doesn't say anything about time of day/year, or who is using the building. Shrug
[Image: 5c220c63-8b97-4da9-ab3c-287f26620991_zps529d180f.jpg]
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#3
Feel up to being a possible test case?

Here is the statute...

http://www.pa2a.org/wiki.php?wid=16

Notice that whether or not school is in session, or whether this is a school activity, is irrelevant.

I think most folks will tell you it is illegal to carry, in any manner, on school property, while some will cite the defense of "other lawful purpose". Note that this is a defense, not an exception, and you could end up spending big bucks if caught.

Gunlawyer001 successfully used this defense in the Chris Anfuso case. To be fair, Mr Anfuso left his handgun unloaded and locked in a case in his locked car in the parking lot, he wasn't wearing it. Mr Anfuso also testified that he and another student of the school were going target shooting immediately after the class.

Bottom line, if you think you can't afford to pay you probably shouldn't play.
.
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

William Pitt
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#4
Rugerfan;26557 Wrote:my family and I will be attending a concert this evening. I just found out it is being held at a local public school. To be clear it has nothing to do with the local school district, whoever is putting on the concert is simply using the building. My question is can I legally concealed carry tonight?

I would go with no, you cannot legally carry. But it's okay, it's a gun free zone! Wink
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#5
To be very clear, it is ILLEGAL to possess a firearm in an elementary or secondary school in this Commonwealth. Possessing it for a lawful purpose is a defense that is built into the statute, which means that you will have to show someone that you had it for a lawful purpose. Whether that someone is a police officer who gets it and let's you go, the D.A. who gets it and lets you go, the judge who may or may not get it and either lets you go or convicts you, or the appeals court, is a crap shoot you will be willing to take if you decide to possess one in a school.

I am the only person I know who was detained for doing so and let go at the scene, although there may be others that have had the experience. I was open carrying on the grounds and was detained for about an hour and was only let go because
A: I knew the law better than the responding officers and the A.D.A on call, and I believe they felt they wouldn't win if they charged me, and
B: I chose to cover it when given the choice between that or not covering and being arrested on a Friday night.

Make your choice understanding the consequences.
headcase, bitch-slapping gun myth perpetuators since 2006.
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#6
Thanks everyone for responding, I was of the same opinion, rest assured I do Not have the money to be a test case for "another lawful purpose" lol We went to the concert, and enjoyed the "security" afforded us by being in a "gun free zone" lol I am choosing to exercise my fifth amendment rights as to where my sidearm spent the evening:-)))
Rugerfan, proud to be a member of pa2a.org since Oct 2012.
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#7
I was going to give my $.02 but Headcase knocked it outta the park.
I will say that I also carry at school. I believe I am within the law in doing so. With that being said it can and probably will open a can of hurt for most people who get noticed. I only cc at schools.
You have a right to protect yourself and a duty to protect your family.
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#8
The safety of my children outweighs any sign or vague law.
Some people need to read this book: http://www.amazon.com/dp/1936976021/ref=cm_sw_r_awd_bs5jwbZH1GAZF

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#9
headcase;26669 Wrote:To be very clear, it is ILLEGAL to possess a firearm in an elementary or secondary school in this Commonwealth. Possessing it for a lawful purpose is a defense that is built into the statute, which means that you will have to show someone that you had it for a lawful purpose. Whether that someone is a police officer who gets it and let's you go, the D.A. who gets it and lets you go, the judge who may or may not get it and either lets you go or convicts you, or the appeals court, is a crap shoot you will be willing to take if you decide to possess one in a school.

To be even clearer, it could cost you well over a hundred thousand dollars to try and get a clear meaning of 'for other lawful puposes'.
I'm only here for the 'Foxes with Firearms' thread.

If they take our guns, who will protect our children?


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#10
I always carry at school.
Shrug Ive got my eyes on you
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