PA Bill Number: HB829
Title: In preliminary provisions, further providing for definitions;
Description: An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, in preliminary provisions, further providing for definitions;
Last Action: Signed in House
Last Action Date: Jul 3, 2024
Legal experts: [PA] Court decision could open door to teachers carrying guns in Pennsylvania schools :: 07/23/2018
PITTSBURGH — School shootings in Florida and Texas have stirred debate over whether teachers should be armed.
But Action News Investigates has learned a little-known court decision could allow teachers to carry guns right now in Pennsylvania.
The state law banning weapons in school makes an exception for people who have a lawful purpose to carry a gun or other weapon.
Some legal experts said this court decision opens the door for teachers and others to have guns in school.
Andrew Goslin was convicted of violating Pennsylvania's school weapons law after he took a knife to his son's Lancaster County school for a parent teacher conference.
But Superior Court threw out his conviction, saying the law allows those with a lawful purpose to have a weapon in school. The knife was lawful because Goslin -- a carpenter -- used it for work.
Joshua Prince, Goslin's attorney, said the decision has broad impact.
“A teacher would under the Goslin decision have the right to lawfully carry a lawful weapon on school grounds provided it's not for some unlawful purpose,” Prince said.
It's not just teachers, according to former Washington County District Attorney Steve Toprani, who now represents several school districts.
“Potentially this could open the door for individuals to carry weapons into a school area, claim they were carrying them for a lawful purpose and evade prosecution,” Toprani said, adding that school districts should be concerned about the decision.
Following the Parkland school shooting in Florida, elected officials from the state house to the White House have talked about arming teachers.
The Pennsylvania Senate approved a bill that would allow school employees with training to carry guns. Gov. Tom Wolf has vowed to veto the bill.
But a veto may not keep guns out of schools, because of the Goslin decision.
“And I'm very disturbed by it,” said Beth Yoder, a teacher from Pottstown.
She grew up around guns, but she said she worries about the consequences of arming teachers.
“We should not be packing anything except our lunches when we go to school,” Yoder said.
Asked what could go wrong, she said, “I could accidentally shoot a student or shoot someone coming in to protect my students.”
American Federation of Teachers president Randi Weingarten expressed similar concerns during their convention in Pittsburgh earlier this month.
“It's a ridiculous, ludicrous proposal,” Weingarten said. “What does a kindergarten teacher do, wear the pistol on her hip?”
In Pennsylvania, she may be able to do that right now, as long as she has a permit to carry a concealed weapon. Moreover, Goslin's attorney said she would not be required to let her principal or any other school official know she's armed.
“The school district would not know which teachers have carry permits and they could not force a teacher or other school official to have to disclose that information,” Prince said.
Despite the Goslin case, Allegheny County District Attorney Stephen Zappala said he will prosecute anyone who brings a gun onto a school campus.
“You take a handgun on a school campus you can expect to be arrested, I don't care if they got a permit or not, you're not going to introduce deadly force on a school campus,” Zappala said.
But Prince said police and prosecutors have dropped charges in more than two dozen cases since the court ruling.
In one case, a personal care assistant at a middle school in Delaware County was arrested for having two Glock pistols and 47 bullets in his backpack.
But the aide had a carry permit so the district attorney dropped the charges -- citing the Goslin case.
Toprani said more cases like that are possible.
“In today's world schools are soft targets and schools that I work with are very concerned,” he said.
In its decision, the Superior Court encouraged the legislature to review the 38-year-old school weapons law.
There are multiple bills aimed at improving school security before the legislature, including the proposal to arm teachers.
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