September 10, 2007

Guns In The Classroom

Depending on whether or not the judges in Oregon follow the clear and unambiguous language of the statutes passed by the legislature, concealed carry by teachers may be an option in the state very soon.

A high school teacher wanting to carry a gun on campus is fueling a challenge against a Medford School District policy that prohibits possession of a weapon on school grounds.

Portland-based lawyer Jim Leuenberger, with backing from the Oregon Firearms Federation, said in an e-mail sent Friday to the Mail Tribune that he intends to ask a Jackson County Circuit Court judge to declare the policy "illegal and void" for holders of concealed handgun licenaes.

"There is a state statute that prohibits local governments — including school boards — from restricting possession of firearms by concealed firearm permit holders," Leuenberger said. "The state statute says any such local restrictions are void."

Leuenberger identified the woman only as a high school teacher and said he will file the complaint using "Jane Doe" as the plaintiff.

This particular teacher has a concealed carry permit and a restraining order against her ex-husband. She needs the gun for personal protection.

But the school sees matters differently.

"It's our responsibility to provide a safe learning environment for our students and a safe working environment for our employees," Gerking said. "We feel that would not be fostered by allowing folks, whether they have the authority or not, to bring weapons onto campus, in particular firearms — loaded firearms. We believe that's a recipe for potential disaster."

I guess that means that the school district believes that its policy trumps state law and the Second Amendment. Their lawyers should tell them that such is not the case.

Personally, I don’t have a problem with trained, licensed individuals having weapons on campus – if you look at the statistics in every state, such individuals have a significantly lower rate of abusing those weapons than other citizens. Indeed, here in Texas the number is miniscule during the entire lifetime of the concealed carry statute. I suspect that the same is true in Oregon.

The problem, you see, is not legal, registered guns carried by licensed individuals in schools – it is those carried illegally by unlicensed individuals seeking to do violence.

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