Doctor with CCW charged for having gun in Pa. school picking up kids [Archive] - Glock Talk

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HerrGlock
01-03-2013, 19:01
http://www.therepublic.com/view/story/f00fd0a834d6406eac63c9b7624cadde/PA--Weapon-On-School-Property

This one might be something to watch for a whole lot of other laws elsewhere deciding if CCW with no other factors is "for other lawful purpose"

HerrGlock
01-03-2013, 19:08
Oh another point of this. A lot of people believe you cannot possess a firearm if you've been convicted of a felony. Whereas that's true, the law actually states:
(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
...
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.


Well, apparently PA has a specific law about weapons on school property:

He's charged with possessing a weapon on school property, a misdemeanor that carries a maximum five-year prison term.

Harper
01-03-2013, 19:26
Yeah charge him with a misdemeanor. Set an example. That'll deter those suicidal mass shooters :upeyes:

RenoF250
01-03-2013, 19:35
Yeah charge him with a misdemeanor. Set an example. That'll deter those suicidal mass shooters :upeyes:

So you want to throw the book at a law abiding doctor?? :upeyes:

How but they drop the charges and leave him alone?

HerrGlock
01-03-2013, 19:41
Yeah charge him with a misdemeanor. Set an example. That'll deter those suicidal mass shooters :upeyes:

According to everything I've read, he didn't brandish, he didn't take it out of holster, he didn't make a big deal out of it. Someone saw it and called the police. They mailed him the summons.

What, pray tell, would you charge him with? Specifically what would you charge him with?

larry_minn
01-03-2013, 19:43
So you want to throw the book at a law abiding doctor?? :upeyes:

How but they drop the charges and leave him alone?

I assume he ment sarcasm.

fireguy129
01-03-2013, 19:44
It will be interesting to see how the "lawful purpose" phrase gets interpreted.

F14Scott
01-03-2013, 19:49
In Texas, one may carry in the school parking lot and on the sidewalk, but not inside the building. So, before entering the school, I draw, reholster in a Fobus paddle, throw it in my center console, and walk inside with an empty holster under my shirt.

I'm always a little incredulous/dismayed that the only thing preventing me from walking, armed, into the "gun free zone" is that I choose not to. Otherwise, I could waltz right in there, loaded for bear, and there would be absolutely nothing stopping me.

It's so obvious. I truly have no respect for people who believe in GFZs.

hooligan74
01-03-2013, 19:55
So you want to throw the book at an otherwise law abiding doctor?? :upeyes:...

Fixed that for ya. He carried a concealed firearm in an area where it is illegal to carry a concealed firearm. Illegal = not law abiding.

I agree that I would like to see the cops send him on his way with a warning, but as a CCW holder it is his responsibility to know where he can and can't carry legally.

GreenDrake
01-03-2013, 20:01
I take mine off and leave it in the truck every time I pick up or drop off my son. Rules are rules.

jph02
01-03-2013, 20:04
Fortunately, Michigan's law on PFZs exempts the parking lot and specifically exempts a parent/guardian picking their kid up from school. I hope common sense prevails and this turns out ok for the Doc, but it's going to cost him money. A pox on whoever called on the Doc for being a small-minded buffoon. Sadly, they're probably the least likely to actually get involved if someone needed help or if they might have to testify. smh

HerrGlock
01-03-2013, 20:05
Fixed that for ya. He carried a concealed firearm in an area where it is illegal to carry a concealed firearm. Illegal = not law abiding.

I agree that I would like to see the cops send him on his way with a warning, but as a CCW holder it is his responsibility to know where he can and can't carry legally.

I do believe your assumption in your first paragraph is not as settled as you seem to believe and is the entire question of this exercise. Whether he was committing a crime or not seems to be the question even the cops have in this case.

Flying-Dutchman
01-03-2013, 20:09
Pennsylvania has a lenient concealed carry law. It is a shall-issue State and no test is required.

You can carry in a bar and most anyplace except a school, courthouse and post office.

A little discretion from school officials is in order but not to be expected given the political climate.

Just an unfortunate incident; very few gun crimes are committed by CCW holders in this State.

OrangeJoe
01-03-2013, 20:13
Fixed that for ya. He carried a concealed firearm in an area where it is illegal to carry a concealed firearm. Illegal = not law abiding.

I agree that I would like to see the cops send him on his way with a warning, but as a CCW holder it is his responsibility to know where he can and can't carry legally.

Here in PA there is the "other lawful purpose" exemption, I even believe there is a recent ruling on it (too lazy to search pafoa now).

We shall see how this one turns out.

Grabbrass
01-03-2013, 20:18
Still waiting for those charges against David Gregory, if ya know what I'm sayin'.

hooligan74
01-03-2013, 20:31
I do believe your assumption in your first paragraph is not as settled as you seem to believe and is the entire question of this exercise. Whether he was committing a crime or not seems to be the question even the cops have in this case.

Ah, missed the "other lawful purpose" bit. I will agree with the DA in that the wording is pretty vague/open to interpretation.

itisbruno
01-03-2013, 20:51
According to everything I've read, he didn't brandish, he didn't take it out of holster, he didn't make a big deal out of it. Someone saw it and called the police. They mailed him the summons.

What, pray tell, would you charge him with? Specifically what would you charge him with?

Note to self - concealed means concealed.

Still waiting for those charges against David Gregory, if ya know what I'm sayin'.

I'm with you. That story has faded fast.

Harper
01-03-2013, 20:51
So you want to throw the book at a law abiding doctor?? :upeyes:

How but they drop the charges and leave him alone?

I was being sarcastic.

itisbruno
01-03-2013, 20:58
I was being sarcastic.

Troublemaker

:tongueout:

certifiedfunds
01-03-2013, 21:06
I find it interesting that they're essentially looking to see if he can be charged vs simply saying "the law is unclear, the gentleman clearly had no criminal intent, no charges will be pressed."

Now, that would open the door for others to do the same. I say "so what?" Others may feel differently. If that is the case the legislature needs to re-examine the law and clarify.