Weapon on School Property


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With school violence an ever-present threat and deadly shootings occurring even in elementary schools, school districts and Pennsylvania law have cracked down on individuals who bring weapons onto school property.

Most schools have prominently displayed signs stating that guns are prohibited. People who bring weapons into a school building or grounds commit a misdemeanor of the first degree and can face up to five years in prison.

Possession Of A Weapon On School Property

Weapons prohibited from being brought on school property include:

  • Firearms
  • Shotguns
  • Rifles
  • Knives
  • Cutting instruments
  • Cutting tools
  • Nunchuck sticks
  • Any other tool, instrument or implement capable of inflicting serious bodily injury

The areas where you are prohibited from bringing weapons are the buildings, grounds, school bus or any other conveyance that will take children to or from a school.

The schools covered are:

  • Public elementary and secondary schools
  • Private elementary and secondary schools licensed by the Department of Education
  • Elementary or secondary parochial schools

Circumstances When A Weapon Can Be Brought Into A School

The Commonwealth of Pennsylvania added a defense into its school weapon prohibition law. You can bring a weapon into a school or its grounds if it is possessed and used in conjunction with a lawful supervised school activity or course or is possessed for other lawful purpose.

What To Do If You Are Charged

If you are charged with possessing a firearm on school property, you will need to retain an experienced criminal defense attorney very quickly.

As with most criminal charges, you should not talk to the police or prosecutors without your attorney by your side. What you say can be taken out of context and used against you. If the police question you, tell them you want a lawyer and politely refuse to answer their questions.

What Your Lawyer Can Do

Your attorney will examine the issues in your case, such as:

  • Determining if you fall under the law’s defense.

Your lawyer will be looking at every avenue that can help you, so it’s important that you give them all of the information that can support your case.

How A Lawyer Will Help

When you are up against a possession of a weapon on school property  charge, you will be caught in a hot button issue. The police, school officials and prosecutor will provide vehement and determined opposition. You may even be facing a firestorm of bad publicity. You need a defense attorney and help you achieve the best outcome for your situation.

Pennsylvania Possession Of A Weapon On School Property Law

Possessing a weapon on school property is described and defined under Pennsylvania Criminal Code under Title 18 Chapter 61. Read the code here.

Questions? Contact us today.

Based on the evidence, Fienman Defense will try to show that that the charges should be dismissed. Should the case go to trial, we will fight to present the strongest defense possible for your situation.