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Can I carry on state owned Colleges?

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Unknown

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Alright so I have a friend arguing with me who is anti-gun anyways. Saying that I cannot carry on to state owned schools or in this case state colleges. The law says no one can carry on schools k-12, what does this count as a state college?

The college's policy doesn't really cover visitors, just students. So I don't know.

I am NOT a student, I do however visit her at college she has an off campus apartment but we go onto their property to meet up with some friends then leave their property whenever I visit. I have not carried on to any campus yet.
 
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Pa. Patriot

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There is no Pa. law prohibiting carry on college grounds.

If he insists there is insist he pony up the law ;)

18Pa.C.S.§912 only applies to primary and secondary schools.
§ 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.
(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.
​
ADIVSORY NOTE: At the time of this update, there has been
thus far no court cases interpreting “possessed for other lawful purpose”
insofar as applied to those licensed under §6109, exempted
under §6106(b), or open carrying on foot without the benefit of
being licensed or exempted on school grounds. However, common
sense would dictate that if “self defense” is a valid and lawful
reason for purpose of obtaining a PA LTCF than it should also be
a “lawful purpose” per this statute’s exceptions.
 
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Unknown

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Thanks but isnt a state owned school public funded? Thus makes it illegal for me to carry on their property?
 
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Unknown

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Pa. Patriot wrote:
1) I do not think there are any state owned colleges in Pa.

2) A "college" is not a elementary or secondary school

;)
Click to expand...

Hmm ok then. After poking around Lock Haven's policies which it was hard to find. It states this. How can they arrest anyone right away? Don't they have to ask you to leave first? Actually there are state owned universities.PA Education system the list of all the state universities click that link, then under higher education click State University.


Firearms are Strictly Prohibited Campus police officers vigorously enforce all state, federal and local laws, as well as univer- sity regulations on the illegal possession sale or use of firearms. All persons are prohibited from hiving firearms or other dangerous weapons on Lock Haven University property or while attending a Lock Haven University-sponsored or affiliated activity. Lock Haven Uni- versity’s policy is that the use, possession or sale of firearms, or other dangerous weapons on any Lock Haven campus or property is strictly prohibited. Reported violations of these policies will be thoroughly investigated. Violators will be immediately arrested or cited, as appropriate. It is Lock Haven University’s policy to pursue sanctions against any member of the university community who is found to have violated these laws or regulations. There are NO EXCEPTIONS-including persons holding valid licenses to carry a weapon.
Click to expand...
 
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Pa. Patriot

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Unknown wrote:

Hmm ok then. After poking around Lock Haven's policies which it was hard to find. It states this. How can they arrest anyone right away? Don't they have to ask you to leave first?





Actually there are state owned universities.PA Education system the list of all the state universities click that link, then under higher education click State University.
Click to expand...

Well, in their defense, it says "as appropriate". :D

Yes, they have to tell you to leave first.
Campus policy is not law, like any other private property. If they arrest you you have a criminal complaint and lawsuit option ;)

As for the state schools, hpw about that, there are two. Miniscule, but they exist :)
Refer to #2 I posted for those ;)
 
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Statkowski

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Firearms are Strictly Prohibited.



Campus police officers vigorously enforce all state, federal and local laws, as well as university regulations on the illegal possession, sale or use of firearms.



Local laws? About the only local laws that would apply would be on discharge of firearms for purposes other than defense of one's life. As to vigorously enforcing laws on illegal possession, sale or use of firearms, there's nothing wrong with that. It does become a problem, however, when they go nutso over legal possession, sale or use thereof.



All persons are prohibited from having firearms or other dangerous weapons on Lock Haven University property or while attending a Lock Haven University-sponsored or affiliated activity.





Sorry, but Lock Haven University only has jurisdiction over students, faculty and employees, which is somewhat less than all persons.



Lock Haven University’s policy is that the use, possession or sale of firearms, or other dangerous weapons on any Lock Haven campus or property is strictly prohibited.



Again, their policy only applies to students, faculty and employees.



Reported violations of these policies will be thoroughly investigated.



As well they should be.



Violators will be immediately arrested or cited, as appropriate.



Again, if one is not a student, faculty member or employee, there can't be a policy violation since policy doesn't apply to someone who isn't part of the university family.



It is Lock Haven University’s policy to pursue sanctions against any member of the university community who is found to have violated these laws or regulations.



Laws? Lock Haven University has no lawful athority to make laws.



There are NO EXCEPTIONS - including persons holding valid licenses to carry a weapon.
[/quote]


It would make a very nice civil rights lawsuit against all concerned if they attempted anything against a non-university member. It would also make an interesting civil rights lawsuit against a university family member, but contract law (enrollment contract, terms of employment, etc.) would probably get in the way.
 
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Unknown

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Pa. Patriot wrote:
Unknown wrote:

Hmm ok then. After poking around Lock Haven's policies which it was hard to find. It states this. How can they arrest anyone right away? Don't they have to ask you to leave first?





Actually there are state owned universities.PA Education system the list of all the state universities click that link, then under higher education click State University.
Click to expand...

Well, in their defense, it says "as appropriate". :D

Yes, they have to tell you to leave first.
Campus policy is not law, like any other private property. If they arrest you you have a criminal complaint and lawsuit option ;)

As for the state schools, hpw about that, there are two. Miniscule, but they exist :)
Refer to #2 I posted for those ;)
Click to expand...
Alright thanks! So if I were to go there when I am carrying and it becomes visible somehow (i will not oc on a college campus i don't want to find out what could happen). But if it were to be exposed and they dont ask me to leave just arrest/detain me what happens then? Call the police after I get left go? then contact a lawyer?

Edit: Statkowski, you posted right when i posted mine, thank you as well for the response!!!
 
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Statkowski

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Campus police on campus would have probable cause to detain you. However, once it's established that you are not a student, faculty member or employee, it would be in their best interest to release you from being detained. They could probably, legally ask you to leave the campus. Anything else, however, and they could be subject to an Official Oppressioncriminal complaint by you followed up with a civil rights lawsuit.
 
U

Unknown

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Statkowski wrote:
Campus police on campus would have probable cause to detain you. However, once it's established that you are not a student, faculty member or employee, it would be in their best interest to release you from being detained. They could probably, legally ask you to leave the campus. Anything else, however, and they could be subject to an Official Oppressioncriminal complaint by you followed up with a civil rights lawsuit.
Click to expand...
Thanks!!!

What exactly is an Official Oppression criminal complaint?
 
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gnbrotz

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[align=center][/align]
CHAPTER 53
ABUSE OF OFFICE

Sec.
5301. Official oppression.
5302. Speculating or wagering on official action or information.
5303. Liability for reimbursement of costs for outside counsel.

Enactment. Chapter 53 was added December 6, 1972, P.L.1482, No.334, effective in six months.
Cross References. Chapter 53 is referred to in section 5508.3 of Title 53 (Municipalities Generally); section 6017 of Title 64 (Public Authorities and Quasi-Public Corporations).
§ 5301. Official oppression. A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he:

(1) subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or

(2) denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.
Click to expand...
In other words, using their authority to discourage you from or punish you for legal behavior is a big no-no.
 
U

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gnbrotz wrote:
[align=center][/align]
CHAPTER 53
ABUSE OF OFFICE

Sec.
5301. Official oppression.
5302. Speculating or wagering on official action or information.
5303. Liability for reimbursement of costs for outside counsel.

Enactment. Chapter 53 was added December 6, 1972, P.L.1482, No.334, effective in six months.
Cross References. Chapter 53 is referred to in section 5508.3 of Title 53 (Municipalities Generally); section 6017 of Title 64 (Public Authorities and Quasi-Public Corporations).
§ 5301. Official oppression. A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he:

(1) subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or

(2) denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.
Click to expand...
In other words, using their authority to discourage you from or punish you for legal behavior is a big no-no.
Click to expand...
Thanks!
 
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Statkowski

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You can download the form for a Private Criminal Complaint here: http://forms.lp.findlaw.com/form/courtforms/state/pa/pa000003.pdf

You would have to run it past your County District Attorney first before submitting the complaint to the appropriate District Magistrate Judge. If the district attorney disapproves it, he/she has to cite the reason, and the disapproval can be appealed to the county's Court of Common Pleas. If the district attorney refuses to take any action at all, again the Court of Common Pleas can be used to push the issue. Don't know if you can do it pro se or if an attorney would be required.
 
U

Unknown

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Statkowski wrote:
You can download the form for a Private Criminal Complaint here: http://forms.lp.findlaw.com/form/courtforms/state/pa/pa000003.pdf

You would have to run it past your County District Attorney first before submitting the complaint to the appropriate District Magistrate Judge. If the district attorney disapproves it, he/she has to cite the reason, and the disapproval can be appealed to the county's Court of Common Pleas. If the district attorney refuses to take any action at all, again the Court of Common Pleas can be used to push the issue. Don't know if you can do it pro se or if an attorney would be required.
Click to expand...
Thanks, I never even knew of anything like this. Hopefully it never needs to be used.
 
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