Com. v. Goslin, A.
1114 MDA 2015
Pa. Super. Ct.Jul 6, 2016Background
- On Sept. 4, 2014, Appellant Andrew Goslin attended an informal school meeting about his son’s alleged possession of a whittling knife; during the meeting Goslin produced and set a pocket knife on the table then pocketed it. He stipulated at trial that he possessed the knife on school property.
- Commonwealth charged Goslin under 18 Pa.C.S. § 912 (possession of a weapon on school property). Bench trial held June 2, 2015.
- Goslin testified he habitually carries the knife for work/use and claimed he had no intent to threaten anyone; he argued his possession was for an “other lawful purpose.”
- Trial court found the statutory “other lawful purpose” exception did not apply because Goslin was present as a parent and not on school business that justified possessing a knife, convicted him, and sentenced him to one year probation.
- Goslin appealed pro se; Superior Court reviewed statutory construction of § 912(c) and affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 912(c)’s "other lawful purpose" covers Goslin’s possession of a pocket knife at a parental meeting | Commonwealth: "Other lawful purpose" must be related to the reason the person is on school property; otherwise the statute’s protective purpose is nullified | Goslin: Possession was lawful (tool/use), no criminal intent; term ‘‘other lawful purpose’’ is vague and should cover his conduct | Court held "other lawful purpose" is limited to purposes related to presence on school property; Goslin (a parent at a meeting) did not qualify, conviction affirmed |
Key Cases Cited
- Commonwealth v. Giordano, 121 A.3d 998 (Pa. Super. 2015) (Section 912 protects students by prohibiting weapons on school property)
- Commonwealth v. Lynn, 114 A.3d 796 (Pa. 2015) (statutory construction principles; legislature intent controls)
- Commonwealth v. Campbell, 758 A.2d 1231 (Pa. Super. 2000) (criminal statutes subject to strict construction but not unduly narrow readings)
- Bolden v. Chartiers Valley Sch. Dist., 869 A.2d 1134 (Pa. Commw. Ct. 2005) (dicta interpreting § 912 exception as limited to persons whose duties or school activities justify weapon possession)
- Commonwealth v. Walls, 926 A.2d 957 (Pa. 2007) (useful guidance on statutory interpretation and reliance on 1 Pa.C.S. § 1921)