Question about my wife and her work place in PA
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Thread: Question about my wife and her work place in PA

  1. #1
    Join Date
    Oct 2007
    Location
    Northern Panhandle of WV
    Posts
    5

    Question Question about my wife and her work place in PA

    Hello All,
    I have a question for PA CCW permit holders. My wife works in the Pittsburgh area for a place that is classified by the state as a school. It is in fact a facility for the mentally and physically handicapped. They live there and have some schooling, and various activities are set on the grounds there for them. My question is this. We live in West Virginia about 50 minutes away. My wife has a WV CCW permit and would like to be able to carry her pistol with her when she drives to work and when she drives home at 11 P.M. each night. She would lock it up in the car in a lock box cabled to the driver's seat before she ever got on school property. Then on the way home, she would unlock the box and get her pistol for the drive home. At no time would she ever have her gun on her when on the school property. We both realize that this is contrary to the PA state law about school property. But because of the distance to our home and the drive home at night, she would feel safer if she had her pistol with her. We greatly resent the fact that the state of PA has effectively taken away her right to self protection. I personally would take the chance and take it with me and do as I described above. We are wondering what the ramifications of her having the gun on school property would be, if somehow it was discovered. Such as in the instance of her being in her car on the grounds of the school and someone tried to kidnap her or carjack her car with her in it? She knows that she must be very careful to reveal to no one that she has a gun in her car. I have told her and she feels the same way, that her being safe by having a gun with her in the car if something should happen that she needs it is the most important thing. We would happily deal with whatever the consequences that should come as long as she was safe! Does anyone have any thoughts or ideas what could be done legally to her? Would or could she lose her CCW permit? Could she be prosecuted? Any help would be appreciated.
    Refuse to be a victim!

  2.   
  3. #2
    Let's start with this:

    18 Pa.C.S. 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.
    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.
    Then follow up with:

    PA Title 18
    Section 106. Classes of Offenses.
    (b) Classification of crimes -
    (6) A crime is a misdemeanor of the first degree if it
    is so designated in this title or if a person convicted
    thereof may be sentenced to a term of imprisonment, the
    maximum of which is not more than five years
    .
    Could she be prosecuted? Sure. It's possible.

  4. Who is going to know?

  5. Quote Originally Posted by mrjam2jab View Post
    Let's start with this:



    Then follow up with:



    Could she be prosecuted? Sure. It's possible.
    If your wife possesses the weapon for self-defense, then it would seem that the weapon is "possessed for (an) other lawful purpose," which would establish the affirmative defense. But you could burn through your life savings litigating the point and still lose. I would consult with an attorney before proceeding with this plan.

  6. #5
    Join Date
    May 2010
    Location
    York, Pennsylvania
    Posts
    147
    She knows that she must be very careful to reveal to no one that she has a gun in her car. I have told her and she feels the same way, that her being safe by having a gun with her in the car if something should happen that she needs it is the most important thing. We would happily deal with whatever the consequences that should come as long as she was safe! Does anyone have any thoughts or ideas what could be done legally to her? Would or could she lose her CCW permit? Could she be prosecuted? Any help would be appreciated.


    milprofan you are playing with fire. If caught she could be charged under PA law, as well as violating the Federal 1000' Gun Free School Zone. I couldn't begin to guess the thousands you might spend defending such a case in PA alone. Add federal to it and I hope you have some really deep pockets. Additionally, upon conviction she runs the risk of being prohibited for life from ever touching a gun or ammo.

    Here is a thread similar to your situation, including some references to a case where Gunlawyer001 successfully defended Chris Anfuso. Bear in mind that Mr Anfuso was a PA resident with PA LTCF, and no federal laws were violated.

    At the very least your wife needs to get her PA LTCF to keep the feds out of the picture. After that, make sure that any danger she is hoping to stave off is the better alternative to spending $3000 - $20,000 on legal costs and having her lifetime prohibited.

    Link to thread:

    Gun on School Property

    Good luck.
    .
    While many claim to support the right, precious few support the practice.

  7. #6
    Join Date
    Apr 2012
    Location
    Hallstead, PA
    Posts
    4
    First your wife should get a PA nonresident carry permit to cover her in transit through PA.

    The bigger problem is the PA School Carry law is not clearly defined nor has it been successfully defended in court as to set a precedent. The cost of this could be astronomical, as in hundreds of thousands of dollars.

    So... if you and your wife decide to carry, you need to figure out if the defense cost is within your reach, should the worst happen.

    The easy answer is to get a nonresident permit, and park off the property.

  8. #7
    Join Date
    May 2012
    Location
    Gibsonia, Pennsylvania, United States
    Posts
    22
    I do not know what the ramifications are regarding the school property, but as the others said, you will definitely need to get a PA carry permit as PA and WV do not share reciprocity. IMHO, I think it's dumb that we do not have reciprocity with the states surrounding us, but that we do have reciprocity with states that are on the other side of the states that we don't have reciprocity with. Also, I live about 15 miles outside of Pittsburgh and I do know that you do not want to fool around with the city police. As one person mentioned, if you don't say anything, no one will know, but if on the off chance she gets pulled over and for some reason reveals that she has a gun in the car and the LEO sees that her drivers license is for WV and asks for her PA permit, that is a federal offense. It's not worth taking the chance.

  9. #8
    the constitution and right to defend ourselves should never be infringed we need to change those laws so we as citizens can protect ourselves
    i would carry anyways but lock it better than that lock box ......that thin cheap cable can be cut in no time.......get a thicker cable and lock it around the frame of the seat and trigger guard under a seat and take the mag with you in your purse in a safe enclosed pouch and you should be good to go that way ........just my illegal but sound advice imo
    best wishes
    gun control is being able to hit your target

  10. #9
    Quote Originally Posted by cowgrllost View Post
    I do not know what the ramifications are regarding the school property, but as the others said, you will definitely need to get a PA carry permit as PA and WV do not share reciprocity. ....... As one person mentioned, if you don't say anything, no one will know, but if on the off chance she gets pulled over and for some reason reveals that she has a gun in the car and the LEO sees that her drivers license is for WV and asks for her PA permit, that is a federal offense. It's not worth taking the chance.

    Actually, WV is the ONLY border state that PA has reciprocity with.

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