School is back in session and you’re getting ready to drop the kids off at their new classes for the year. But do you know how school zones affect your gun rights? Let’s take a look.
Schools are one of the main areas in which Pennsylvania gun owners must use extreme caution.
8 Pa.C.S. § 912. Possession of weapon on school property states:
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.
In other words, this includes all school grounds including schools that are housed in churches. Preschools are not off limits in Pennsylvania for gun owners unless the preschool is part of a school that has any K-12 grades also housed in the same building.
Pennsylvania law provides a defense “if the weapon is possessed and used in conjunction with a lawful supervised school activity or is possessed for other lawful purposes”. The question of what constitutes “other lawful purposes” continues to be litigated in Pennsylvania. The courts have not yet affirmatively and definitely ruled that carrying for self-defense is a lawful purpose. Our advice is unless you want to be the test case, don’t carry your weapon on school grounds. This means even dropping off your kids in the drop-off lane at school, even if you never get out of the car.
Pennsylvania prohibits carrying in schools at all times even when school is not in session. This includes evenings and weekends. This also means that you can’t carry your firearm to your son’s basketball game that takes place in the school gym after hours.
There is no law currently in Pennsylvania that prohibits carrying at a school activity that takes place away from school grounds. As an example, your daughter plays the flute and is in the high school marching band and the band is marching in the Veteran’s Day parade through Main Street of your town. In this scenario, you may attend the parade and lawfully carry your firearm.
You should also be aware of the federal law known as the “Gun Free School Zones Act”. This federal law defines a school zone as:
(A) in, or on the grounds of, a public, parochial or private school; or
(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.
This prohibits the knowing possession of a firearm in a “school zone”.
As always, it is important to educate yourself and stay on the right side of the law.
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