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Discussion in 'Carry Issues' started by RussP, Jan 3, 2013.
Doctor with concealed-carry permit charged for having gun in Pa. school while picking up child
Interesting both that he was not placed in custody and that it took three weeks. Also my guess is that he is perhaps slightly better positioned than many financially to mount a defense and may be a more sympathetic and better spoken defendant. But maybe I am reading too much into this.
Guess it was not " concealed " very well...
I wonder if state preemption will come into play
If your goign to carry into a place that may be illegal & can't do something as simple as conceal it right to not get caught, you deserve what you get.
There have a few incidents of this type over the years, however you never hear the out come. Seems no one wants to address the "for other lawful purpose" as far as defining exactly what that means. They probably agree to some lesser charge like disorderly conduct in order to make the whole thing go away and still keep their firearm privileges.
Doesn't the Hippocratic Oath create a dilemma for doctors?:
"In purity and holiness I will guard my life and my art."
"I will... never do harm to anyone."
These passages are from separate translations, but everyone is familiar with the "First, do no harm" concept.
It should also be pointed out that because he had a license to carry firearms (LTCF) which is PA's version of a carry permit, and thus under went a background check, the doctor is NOT in violation of the Federal Gun Free School Zone law.
I have always understood that it is against federal law to possess a firearm on school property.
That all depends on the statutes of the state in question.
Kentucky is a Commonwealth like PA...but if you carry on to school property and are caught, you WILL be convicted of a crime and lose the weapon for good. Period.
However, armed IN your vehicle is excluded as long as weapon is not brandished or displayed.
Bottom line; know and abide by the CCW laws of your state.
very nice self-serving "holier than thou it would never happen to me because I am smarter than that" position there Skeezix.
Things happen in the real world that don't in the theoretical one. To be useful a gun has to be accessible. Now, if you want to go really "deep cover" you could put it in the bottom of your "Fruit of the Looms" and walk around pretending you were glad to see everyone, but it might be a bit slow to get out of there.
Granted, the DR. in question probably could have done better job but sometimes, in the real world, people who have become accustomed to being armed, don't walk around all day thinking about it.
Don't be too quick to judge, and pat yourself on the back because it hasn't happened to you----yet.
Like I said, because the doctor is "licensed" by the State (PA) in which the school is located and was qualified to be issued said license, he is NOT in violation of the GFSZ.
(2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) shall does not apply to the possession of a firearm
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
Actually, it should be if you are stupid enough to carry into a prohibited place you deserve the penalty set by law.
There is no do something to not get caught.
Is your comment based on personal experience, you carry into prohibited places, you're just careful to not get caught?
Don't answer that.
Oh I will. No I don't. I have enough sense to not carry where it's not leagl & IF i ever had to break that I certainly would make sure I did it in a way to not get caught. It's not hard to conceal a gun. Criminals do it all the time.
Yes it is. Bottom line you break the gun laws that are in place you make us ALL look bad.
So according both State and Federal law he didn't break the law? So why was he charged?
So true, Russ. It is against Federal law to CCW on any school property.
Read the part of the Federal Law I posted. It is NOT against the law if you fall into the exception.
And PA law has a clause in their law about weapons on school property. The clause states that it shall be a defense to the charge if the weapon is possessed for "other lawful purpose".
The problem with the PA law is that there has never been a definitive answer as to what constitutes "for other lawful purpose".
How do you reconcile that with the information "Steve in PA" posted?
Interesting -- I wasn't aware that there are exceptions written right in the law. Maybe I'll take my G17 CCW to the high school hockey game tonight.
He is being charged with a violation of PA Law because someone finally wants an answer as to whether or not a LTCF = carrying for other lawful purpose.
I cover this every year during our departments firearms training and qualification. I point out the discrepancies or conflicts between Federal and PA laws and there is a ton!