§ 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.
(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.


ADIVSORY NOTE: At the time of this update, there has been
thus far no court cases interpreting “possessed for other lawful purpose”
insofar as applied to those licensed under §6109, exempted
under §6106(b), or open carrying on foot without the benefit of
being licensed or exempted on school grounds. However, common
sense would dictate that if “self defense” is a valid and lawful
reason for purpose of obtaining a PA LTCF than it should also be
a “lawful purpose” per this statute’s exceptions.


BACK