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Thread: School zones with a LTCF

  1. #1
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    Alright, so if I have a LTCF am I not allowed to go into a school zone? or how does that one work in PA?

    Or does that only mean if you do not have a ltcf you cannot go within 1,000ft of the school zone?

  2. #2
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    You're fine.


    I live in a school zone, have tons of guns, make no secret of it, OC up and down the street on walks including right across the street from the school, and haven't had an issue.

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    Ahh ok thats what I thought but wasnt sure.

    Thanks!

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    Regular Member jahwarrior72's Avatar
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    well, since i live across the street from a school, i'd think that "school zones" are an old wives tale. i'm still not sure carrying on school property is really illegal.
    Givin' up the tactical advantage since 2008.

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    According to the new Federal Gun-Free School Zones act, it is a federal offense to carry a firearm (or transport it outside of the defined parameters of the law) within 1000 feet of any property owned by a K-12 school, except when on private property. However, having a LTCF issued by the state in which the "school zone" exists excepts you from this. So... in Pennsylvania, so long as you have a LTCF, you're definitely legal all the way up to school property itself.

    See http://www.law.cornell.edu/uscode/18/922(q).html (about halfway down the page)

    In Pennsylvania, it is debatable whether or not it is legal to carry into a school. In order to violate the Pennsylvania school-carry law, it would have to be argued that carrying for self-defense is not a "lawful purpose". Or rather, the way the law is written, you would have to prove that carrying a gun for self-defense is a "lawful purpose", which shouldn't be too difficult given that most (if not all) counties list "self-defense" as one of the reasons to get a LTCF on the application for it.

    See http://members.aol.com/StatutesP7/18PA912.html


    Also take note that there have been no test cases for either law so far. And in the case of the former, SCOTUS had struck down a previous version of it as unconstitutional, yet Congress in its infinite wisdom passed essentially the same law a second time. Regardless, you shouldn't have anything to worry about if you have a PA LTCF. And as I said, it's a bit hairier carrying onto school property itself... but in my non-professional, take-it-at-your-own-risk advice, it's legal to carry onto school grounds and into schools per PA law if not for explicitly complying with the law, then under the "void for vagueness" doctrine. Note that the previous sentence, I am offering only my opinion and take no legal responsibility if you find yourself facing unlawful criminal charges as a result.

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    Thanks for all that info! answered my question fully!

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    Regular Member jahwarrior72's Avatar
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    imperialism2024 wrote:
    And as I said, it's a bit hairier carrying onto school property itself... but in my non-professional, take-it-at-your-own-risk advice, it's legal to carry onto school grounds and into schools per PA law if not for explicitly complying with the law, then under the "void for vagueness" doctrine. Note that the previous sentence, I am offering only my opinion and take no legal responsibility if you find yourself facing unlawful criminal charges as a result.
    so, i take it you stayed at a Holliday Inn last night?:celebrate
    Givin' up the tactical advantage since 2008.

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  8. #8
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    jahwarrior72 wrote:
    imperialism2024 wrote:
    And as I said, it's a bit hairier carrying onto school property itself... but in my non-professional, take-it-at-your-own-risk advice, it's legal to carry onto school grounds and into schools per PA law if not for explicitly complying with the law, then under the "void for vagueness" doctrine. Note that the previous sentence, I am offering only my opinion and take no legal responsibility if you find yourself facing unlawful criminal charges as a result.
    so, i take it you stayed at a Holliday Inn last night?:celebrate
    Only for a few hours...

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