carrying on school property

This is a discussion on carrying on school property within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; summertime is here, carnival is in town at a local catholic school. I take the family out to eat then off to the fair. I've ...

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Thread: carrying on school property

  1. #1
    Member Array sportkcjc's Avatar
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    carrying on school property

    summertime is here, carnival is in town at a local catholic school. I take the family out to eat then off to the fair. I've parked, walked across the parking lot then thought, carrying on school property? I know it's against the law in PA. Does it apply to a private school (catholic) vs public? Are they all the same? I aired on the side of caution, told my wife that I couldn't carry, went to the truck but didn't feel comfortable leaving the pistol there either. I decided to strip it, take the slide and mag with me. What would you do?

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    Subject to being corrected I would assume, a school is a school, is a school.

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    Member Array Stormtruck2's Avatar
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    Cool Great idea

    I have locked my weapon up in a vehicle before, and locked the mag away separately. I have never thought of taking the slide with me. Even if it were to be stolen it s pretty useless without the slide. may even keep them from stealing it. In Iowa I believe that carrying a loaded mag is the same as carrying the weapon. It is considered a loaded weapon. Doesn't make sense but then a lot of our laws don't. My question is how is carrying the slide looked at? An interesting research idea. Hi HO HI HO off to the statutes I go!!
    Last edited by Stormtruck2; July 2nd, 2007 at 11:41 PM. Reason: Fast mind, slow fingers, or is it the other way around?
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    Let's look at the state laws...

    (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.

    (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.
    While it has not (as of yet) been clarified (to my knowledge) by the Attorney General, many CCW holders interpret this to mean that "other lawful purpose" also encompasses permit holders as you are "lawfully" carrying a gun.

    I would recommend using caution went interpreting this clause that way, but until further defined, it is what it is.

    I'm not a lawyer, btw, just to CMA.

  6. #5
    Senior Member Array Timmy Jimmy's Avatar
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    In Texas you can carry in the school parking lot but not in the building and not at a sporting event.
    Timmy Jimmy

    If it is not in the US Constitution then the Federal Government should not be doing it.

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    You sure can't do it in Nevada!
    ALWAYS carry! - NEVER tell!

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    Member Array freetrapper's Avatar
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    In Kansas under the new revisins to the law (HB2528) it is legal to carry on school property but not in a posted building. Now that is what the law says and seems to be the way the State AG reads it as well. However there is still no case law to back that up. Anyone want to be a test case?
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  9. #8
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    Quote Originally Posted by Timmy Jimmy View Post
    In Texas you can carry in the school parking lot but not in the building and not at a sporting event.
    unless there is a school sponsored activity taking place in said parking lot
    in Texas if a school is sponsoring a carnival as in this situation then it is illegal to carry on the school property where the event is taking place
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  10. #9
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    The question from the OP is asking about carrying on school property in Pennsylvania. Let's keep it on topic, please.


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    And go to your God like a soldier.

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    Terry

  11. #10
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    my apologies Captain and Sport, my intent was to make sure that correct info was given pertaining to the law described in Timmy's post above mine
    (sticking out knuckles to be rapped by ruler)
    LEO/CHL
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    "I got a touch of hangover bureaucrat, don't push me"
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    Independence is declared; it must be maintained. Sam Houston-3/2/1836
    If loose gun laws are good for criminals why do criminals support gun control?

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