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This is a discussion on Answer me this within the Pennsylvania Discussion and Firearm News forums, part of the Firearms Discussion by State category; Is a community college considered a secondary school and would it fall under: Title 18 912 Possession of Weapon ...

  1. #1
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    Default Answer me this

    Is a community college considered a secondary school and would it fall under:

    Title 18 912 Possession of Weapon on School Property.

    I've been told both yes, no and unsure.
    "Those who would trade liberty for security, deserves neither liberty nor security."
    "The original point and click interface was a Smith & Wesson".

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    For most states a school is any organization controlled by, organized under or operated under state education law. In some states that can include a public library too.
    GOD, GUNS and GUITARS

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    So why would you come HERE with that kind of a legal question?

    That's the kind of thing to ask a reputable attorney.
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    Quote Originally Posted by Phillip Gain:315449
    So why would you come HERE with that kind of a legal question?

    That's the kind of thing to ask a reputable attorney.
    It's a gun forum.

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    Quote Originally Posted by Phillip Gain View Post
    So why would you come HERE with that kind of a legal question?

    That's the kind of thing to ask a reputable attorney.
    First of all, I don't trust attorneys and finding a reputable one is a chore in itself, secondly I listed that under Pennsylvania because it deals directly with our laws and hoped someone in my state had the answer and would be able to clarify it. I asked an assistant at the PA attorney generals office and he said colleges weren't specifically listed and the law kind of general so he was unsure but suggested not to carry a gun in one. I had a recently retired city cop tell me no it wasn't illegal but suggested I not carry in one either. I asked a friends wife who works as a legal assistant in a law firm ask one of the lawyers if it was illegal and the answer was yes, a school is a school or something to that matter. Maybe someone here has a definitive answer.
    "Those who would trade liberty for security, deserves neither liberty nor security."
    "The original point and click interface was a Smith & Wesson".

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    in florida it's illegal to carry on any school elementary junior or college or even a jr college or technical trade school but if college citizens had the right to carry at school i bet that cho guy and other school shootings wouldn't have had so many victims imo i think all teachers and school staff should carry as well of age students who are mentally fit
    gun control is being able to hit your target

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    Quote Originally Posted by longslide10 View Post
    First of all, I don't trust attorneys and finding a reputable one is a chore in itself, secondly I listed that under Pennsylvania because it deals directly with our laws and hoped someone in my state had the answer and would be able to clarify it. I asked an assistant at the PA attorney generals office and he said colleges weren't specifically listed and the law kind of general so he was unsure but suggested not to carry a gun in one. I had a recently retired city cop tell me no it wasn't illegal but suggested I not carry in one either. I asked a friends wife who works as a legal assistant in a law firm ask one of the lawyers if it was illegal and the answer was yes, a school is a school or something to that matter. Maybe someone here has a definitive answer.
    So you trust anonymous people on the internet, but not practicing attornneys licensed to practice law by your state?

    -Doc

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    Quote Originally Posted by longslide10 View Post
    First of all, I don't trust attorneys and finding a reputable one is a chore in itself
    I am friends with a few attorneys. All the ones I know are pretty honest, and will advocate fiercely on behalf of a client. There are disreputable ones, like your ambulance chasers and ones who represent certain organized criminal elements. But most attorneys don't fall into this category.

    secondly I listed that under Pennsylvania because it deals directly with our laws and hoped someone in my state had the answer and would be able to clarify it. I asked an assistant at the PA attorney generals office and he said colleges weren't specifically listed and the law kind of general so he was unsure but suggested not to carry a gun in one.
    Provided that the assistant to whom you spoke wasn't an idiot or having an off day, this would seem to indicate that the language of the law is ambiguous. His suggestion that you not carry in one would indicate that he thought you'd stand a chance of being prosecuted if you were discovered doing so.

    I had a recently retired city cop tell me no it wasn't illegal but suggested I not carry in one either.
    Police officers - especially retired ones - are generally not to be considered reliable sources of information about firearms laws. However...in this case, it seems that the retired cop is telling you almost the same thing as what the AG's assistant is telling you. Again, sounds like a case of an ambiguously-written law.

    I asked a friends wife who works as a legal assistant in a law firm ask one of the lawyers if it was illegal and the answer was yes, a school is a school or something to that matter. Maybe someone here has a definitive answer.
    A friend's wife's boss? I'd consider that third-hand information at best. But again...it would seem to me that this attorney would be erring on the side of caution, due once again to an ambiguously written law.

    So in other words - you have an ambiguously-written law, and three independent and (at least) somewhat reliable opinions saying that you could possibly be prosecuted if you were caught carrying a firearm on the premises of a community college. And yet you still want to bring the question to a forum, hoping that some stranger at his keyboard will give you a MORE definitive answer than the AG's office, a retired cop, and a licensed attorney?

    May I suggest approaching this from another angle? I would submit that probably no one has gotten caught carrying on a community college campus since the law was written. If so, this means the ambiguously-written law is un-tried in court. Consider that, if you chose to carry, you could end up being the "test case" for this law. Consider whether or not you have the resources to hire an attorney (provided you can find a reputable one you trust) and pay his fees and your court costs if you are arrested and tried. Consider whether you're willing to risk doing the time if convicted. Consider how serious the risk to your life and safety actually is, if you choose to not carry. Then make your decision.
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    Hey Longslide10, always glad to hear from you.

    There's almost no one who would, if their job was on the line, tell you to go ahead and carry in any given circumstance when lines are drawn so unclearly.

    While I might echo Phillip's sentiment about erring on the side of caution, too much caution can be a contributor to deadly circumstances. The exception that I would emphasize is that possible and probable can be very far apart. Bear in mind that I'm not advocating something illegal, but I'm also saying that you should be prepared to defend your own life if the circumstance warrants it.

    If such a situation should arise, the interpretation of the law will be in effect, no matter how ambiguous the law. Yet, you (and/or those around you) might be alive because you are prepared versus the "protect & serve" misinformation, which in reality is only "serve" not protect.

    Isn't this really the case in every gun-related matter? Meaning that you could be carrying legally (even within the unambiguous law), defend yourself according to the law, and you still will be subject to the interpretation of the law by someone else. As well-meaning as we all might be, it's a lottery or crap-shoot effect for any of us, if the truth be told.

    Our legal system leaves much to be desired in terms of actually penalizing the real criminals, yet draws a hard line against those who are not "PC". BTW, we are, and may never again be "PC" in what we do. What's right is wrong and what's wrong is right. I hate to say it, but that seems to be the rule of the present day.

    Finally, if the rules by some unknown and ambiguous "authority" also don't protect my ability to maintain survival, I am (much like you) suspect about how to interpret their advice. In that case, I will err on the side of caution and keep my protection nearby (on me) to deal with the legal (lottery) consequences later.
    "They should have listened to the finger..." ~ The_Outlaw

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    Any college is postsecondary education. Whether it is legal in your State is defined by your laws and your case law. Read the law, if you are still unclear as to the meaning then hire an attorney. You might also want to take into consideration the political atmosphere in your area. Many people have been prosecuted for non-crimes all over the country.

    You might also ask the college to define the law and their policy. If they don't want your gun then take an online course or move to a State that allows guns on campus.
    NRA,
    Armed Citizens Legal Defense Fund
    http://armedcitizensnetwork.org/

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