Legal Question in Criminal Law in Pennsylvania

Possession of a Firearm on School Property

Two and a half years ago I accidentally discharged a handgun in a highschool parking lot. I was immediately charged with Possession of a Firearm on School Property and Endangering the Welfare of Children. Section (c) under Title 18 � 912 Possession of weapon on school property, explains 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. Wouldn't self-defense be considered a valid defense and if so would I not have been exempt from this law? Additionally, if this is the case can I get a new trial, as my atty never made this argument?


Asked on 11/08/04, 8:23 am

2 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: Possession of a Firearm on School Property

The question I would ask is how can you accidently discharge the weapon and have used it in self defense.

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Answered on 11/08/04, 9:08 am
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Possession of a Firearm on School Property

It doesn't sound like a case of self defense to me. It is illegal to have a weapon on school property, absent a lawful purpose or that the weapon was related to a school activity. You "accidentally" discharged the weapon. How can you make an argument that it was self defense if you "accidentally" discharged the weapon. Clearly no lawful purpose involved.

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Answered on 11/08/04, 2:04 pm


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