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.
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.
Let's start with this:
Then follow up with:
Could she be prosecuted? Sure. It's possible.
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.
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.
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