Pennsylvania Allows Guns and Knives in Schools for Lawful Purposes

By Dean Weingarten

Andrew Goslin
Dean Weingarten
Dean Weingarten

Arizona -(Ammoland.com)- In Pennsylvania, it is illegal to possess a weapon on school grounds. There are broad exceptions. From 18 Pa.C.S. 912(c):

(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.

The words are clear. The meaning is plain.  As a father, Andrew Goslin brought a pocketknife to school and showed it to school administrators to demonstrate the silliness of their no pocketknives policy.

The police were called, Goslin was arrested. The case went all the way to the Pennsylvania Supreme Court (called the Superior Court in Pennsylvania).

On 16 February, 2017, the Superior Court of Pennsylvania correctly decided to uphold the plain language of the law.  From Commonwealth v. Goslin (pdf):

We conclude that the language of Section 912(c), though broad, is unambiguous, and that Appellant possessed his pocketknife on school grounds for “other lawful purpose.” Therefore, we vacate Appellant’s Judgment of Sentence and order a new trial.4

It did not take long for another law abiding citizen to be saved from the clutches of overzealous bureaucrats: From delcotimes.com:

Jordan was charged with a single count of possessing a weapon on school property. That charge was withdrawn Friday, however, due to new guidance from the Pennsylvania Superior Court in another case, Commonwealth v. Goslin.

That opinion, filed Feb. 26, stated that carpenter Andrew Goslin brought a work knife with him to a meeting at an elementary school. He was found guilty of possessing a weapon on school property during a bench trial, but appealed the verdict.

The statute provides that “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,” according to the opinion.

Goslin argued on appeal that the trial court misread the statute to require that the “other lawful purpose” must be related to the reason that the possessor is on school property. The Superior Court agreed and vacated the conviction.

Jordan had a legally possessed pistol in his backpack.  He has a valid Pennsylvania concealed carry permit.

The Superintendent of the school, Daniel G.l Nerelli is a typical waffling bureaucrat. He says he supports the Second Amendment… but … In other words, he only supports the Second Amendment when he finds it convenient to do so. From delcotmes.com:

Whelan said he supports the Second Amendment, but does not agree with the law as written and would raise the issue with local legislators to see if it can be amended.

It is only recently that guns and knives have been considered “forbidden” in schools. They were fairly common in schools when I was growing up. The Federal government started to encourage schools to ban guns in 1990 and 1994.

After those bans were put into effect, mass school shootings increased 440 percent.

Bans on guns and knives in schools do not increase school safety. They are emotionally driven, and have the intention of delegitimizing the exercise of the Second Amendment.

The Pennsylvania Superior Court ruling in Commonwealth v. Goslin is an appropriate and commonsense step away from eviscerating the rule of law.

©2017 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch

 

About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

  • 3 thoughts on “Pennsylvania Allows Guns and Knives in Schools for Lawful Purposes

    1. I live in Pennsylvania, and yesterday I went to my County Courthouse to pick up my latest 5 year renewal of my CCW License.
      Here it cost just $20.00 to apply. It took less than a week for the Sherriff’s Office to notify me to come pick it up.
      They have a side office here CCWs are handled, apparently because of the very large volume of people coming to the Sherriff’s
      Office each day for the above purpose.
      There were six, or seven of us come to the Office for the same purpose, at the same time. The process was handled quickly and efficiently.
      It occurred to me, that violent Street Criminals (who are held in the same building), should be brought to that Office for a couple of
      hours, and allowed to observe the dozens of folks who they might typically see as likely potential victims, but who are actually armed and ready to defend themselves. It might cause some of those offenders to reconsider their chosen profession.

    2. Now if we could just get the SCOTUS to rule that carrying a gun for self-defense is a “lawful purpose,” even in the Social Security Office or Post Office…

    3. Gun free zones have a very clear purpose, to get as many children killed as possible so more gun control laws can passed “to save the children!”

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