Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
MEDIA COURTHOUSE >> Delaware County District Attorney Jack Whelan has withdrawn charges against a personal-care aide who brought a firearm to the Drexel Hill Middle School in March.
Whelan said that while possessing a firearm on school grounds might have violated Upper Darby School District policy, it is not illegal to possess a firearm for a “lawful purpose” on school grounds under state law.
“I think it’s a quirk in the law that needs to be looked at,” said Whelan. “The statute points this out, that if you have a lawful purpose to carry the weapon, then you’re exempt from this part of the statute.”
Domonique F. Jordan, 32, of the 1000 block of Chelten Avenue in Philadelphia, was arrested March 29 after admitting to police that he had a gun in his backpack. Jordan has a valid Pennsylvania concealed carry permit and a Pennsylvania certified agent card, according to the affidavit of probable cause for his arrest.
Defense attorney Timothy Walsh did not respond to calls for comment.
Township police officers Kevin Finnegan and Kevin Donohue were dispatched to the school shortly after 12:30 p.m. March 29 for a report of a bullet found in a staff-only restroom at the middle school. They met with Assistant Principal Evan Kramp and the teacher who discovered the .40-caliber round.
The teacher showed the officers where she found the live bullet on a table next to a toilet in the single-person unit. No weapon or other bullets were found in the bathroom. Upon returning to Kramp’s office, Jordan entered and indicated the bullet was his.
When the officers asked if he had a gun or any other magazines on his person, Jordan removed a 12-round Glock .40-caliber magazine containing 12 bullets from his backpack, but stated he did not have a gun on him, according to the affidavit.
Jordan allegedly became defensive and Donohue asked him to remove his backpack. Finnegan frisked Jordan, but found no weapons on him. When Donohue asked if he had anything else in his backpack, Jordan said there was another magazine.
As Donohue removed a magazine loaded with 18 bullets, he noticed a firearm was also in the backpack, according to the affidavit. A .40-caliber Glock 23 was recovered and Jordan was placed under arrest.
Police also recovered another 12-round, .40-caliber magazine containing 12 bullets and four loose bullets from the backpack.
Jordan was not a district employee but worked as an aide for Staffing Plus. The company indicated at the time of his arrest that Jordan passed all criminal background checks prior to his hiring and was placed with the district March 1. He is no longer with the company.
Jordan was charged with a single count of possessing a weapon on school property. That charge was withdrawn Friday, however, due to new guidance from the Pennsylvania Superior Court in another case, Commonwealth v. Goslin.
That opinion, filed Feb. 26, stated that carpenter Andrew Goslin brought a work knife with him to a meeting at an elementary school. He was found guilty of possessing a weapon on school property during a bench trial, but appealed the verdict.
The statute provides 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,” according to the opinion.
Goslin argued on appeal that the trial court misread the statute to require that the “other lawful purpose” must be related to the reason that the possessor is on school property. The Superior Court agreed and vacated the conviction.
While the affidavit stated that Jordan was not required to possess a firearm as part of his duties as an aide, Whelan said he was nonetheless in legal possession of the weapon under the Goslin ruling.
“Because of the case law, once he demonstrates that he had a lawful purpose, we were no longer able to prove beyond a reasonable doubt (that he violated the law),” said Whelan. “Obviously, we would always want to see that school policies would not allow anyone to carry any type of weapon on their person. …In this case, he complied with the statute and we have to uphold whatever the law is.”
Upper Darby School District Superintendent Daniel G. Nerelli said the district is concerned about the ruling and is reaching out to Whelan’s office for further guidance.
Whelan noted school district personnel should still alert police any time they find a weapon on school grounds and allow law enforcement to determine whether the lawful purpose exclusion applies.
Whelan said he supports the Second Amendment, but does not agree with the law as written and would raise the issue with local legislators to see if it can be amended.
He acknowledged that might be a hard sell, as the state Senate voted 28–22 just last week to allow teachers and other school workers with valid concealed-carry permits to carry guns on school grounds.
That bill, which Whelan said he also disagrees with, has not yet been taken up in the state House. No Delaware County senators voted in favor of the measure and Gov. Tom Wolf has indicated he would veto the bill if it comes to his desk.
“It’s a shame that we’re in this position now, because of all of the violence, where we’re debating these types of issues,” said Whelan. “I think the most important and paramount concern is the protection of anyone inside a school building.”