October 08, 2007

Less A Constitutional Question Than A Statutory One

State law says concealed carry permit holders can carry guns into public buildings, and that no local government or government agency may restrict that right.

Public schools are public buildings, and school boards are local governments.

It therefore seems pretty clear that they may not restrict concealed carry by permit holders on school property.

That should settle
this case very quickly.

High school English teacher Shirley Katz insists she needs to take her pistol to work because she fears her ex-husband could show up and try to harm her. SheÂ’s also worried about a Columbine-style attack.

But KatzÂ’s district has barred teachers from bringing guns to school, so she is challenging the ban as unlawful, since Oregon is among states that allow people with a permit to carry concealed weapons into public buildings.

“This is primarily about my Second Amendment right and Oregon law and the simple fact that I know it is my right to carry that gun,” said Katz, 44, sitting at the kitchen table of her home outside this city of 74,000.

Oh, by the way, the Oregon legislature has considered, but failed to pass, legislation allowing for the restriction of concealed weapons carried by permit holders. That should make it quite clear what the status of Oregon law is on the matter.

As such, the Second Amendment issue need not even be broached by the courts. Simple statutory interpretation should do the trick.. And the only plausible interpretation of the statute is that put forth by Mrs. Katz.

The solution is for the legislature to change the law, not for the courts or the school board to ignore the clear statutory language.

Oh, and by the way -- I think that having armed teachers is a fine idea, if they can pass the concealed carry background check and the required training. We already have armed cops in schools, so wha is a few more guns in trusted hands?

Posted by: Greg at 03:26 PM | Comments (1) | Add Comment
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1 She shouldn't be suing them to just to allow her to carry, she should be filing a Federal civil rights suit.

Posted by: GreatBlueWhale at Mon Oct 15 03:12:27 2007 (khrig)

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