A middle-school parent deeply regrets inadvertently leaving his loaded handgun in a running, unlocked car outside Charles F. Patton Middle School on Sept. 3 and will not be charged with a crime, said Chester County District Attorney Tom Hogan.
In a press release, Hogan said the parent has agreed to surrender his permit to carry as well as destroy the weapon. The District Attorney’s office, which began investigating the incident on Sept. 8, said county detectives worked with the East Marlborough Township Police Department and the Unionville-Chadds Ford School District to determine what happened.
“Firearms and schools do not mix, particularly in today’s environment. Responsible firearm owners know that they need to keep their weapons secured at all times,” said Hogan in a press release. “However, the District Attorney’s Office is not inclined to turn an otherwise law-abiding citizen into a criminal under these unique circumstances.”
Hogan said the parent would not be identified because he was not charged with a crime. Hogan provided the following synopsis of the events that occurred on Sept. 3:
The parent’s wife was scheduled to pick up their child at Patton Middle School for a dentist appointment. However, the wife ended up at Children’s Hospital of Philadelphia for a medical issue with another one of their children. She called her husband at work and asked him to take their child to the dentist.
The father, who left work at approximately 1:00 p.m., arrived at the middle school, and because the day was extremely hot, he left the vehicle running to continue the air conditioning. He then went inside the school to pick up his child, believing that he had locked the vehicle. The parent stated that he did not remember that he had the firearm in the vehicle.
A school security officer noticed the running and unoccupied car, and opened the door to check on the circumstances. After seeing the firearm in the door panel, he called East Marlborough Police Department, which secured the firearm. The firearm, which was not visible until the door was opened, had a loaded magazine, but no round in the firing chamber.
Hogan said the father has no prior criminal history and owns businesses that sometimes require him to transport valuables. For self-protection, he obtained a compact Taurus 9mm firearm and was granted a concealed carry permit by the Chester County Sheriff’s Office. He has never fired the weapon, Hogan said.
The parent and his family fully cooperated with law enforcement and the Unionville-Chadds Ford School District throughout the investigation, Hogan said. Under Section 912 of the Pennsylvania Crimes Code, possession of a firearm in or on school property is a misdemeanor offense. Hogan said he exercised “prosecutorial discretion” in not filing charges, the release said.
The law excludes someone who possesses the weapon for a “lawful purpose,” and multiple area lawyers said the issuance of a permit could qualify as a lawful purpose.
Hogan said the father has expressed remorse and agreed to surrender his carry permit, complete a basic firearms safety course, which includes a review of the relevant laws on where firearms can be carried, and complete other basic safety requirements agreed to by all parties. He also volunteered to and will lawfully dispose of the handgun that was left in the vehicle, Hogan said.
“This was a terrible lapse of judgment on my part,” the parent said in the press release. “I apologize to the parents and children at Patton Middle School and the entire school district.”
School District Superintendent John C. Sanville said he understood the district-wide concern and outrage the incident has generated. “Guns do not belong on school grounds. Period,” he said in the release. “The safety of our students and staff in our buildings must never be compromised.
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