Oregon teacher who wanted to carry permitted concealed handgun at school files appeal
An article can be seen here:
Thanks to Brent Busch for this link.
GRANTS PASS, Ore. -- The Medford teacher who was denied permission to take her pistol to school for protection is filing an appeal.
A brief sent Wednesday to the Oregon Court of Appeals on behalf of Shirley Katz argues that state law allows people with concealed weapons permits to carry guns in public buildings, and only the Legislature can change that, not the Medford School District.
"The only thing that's changed is more people have been killed in schools since we started this battle," said Katz's attorney, James Leuenberger of Lake Oswego. "The bloodshed will continue until responsible people are armed in schools."
A Jackson County circuit judge ruled last year that the Medford school district's employee policy barring guns on campus was not covered by the state law that bars cities and other governmental districts from regulating guns because it did not amount to an ordinance. . . . .
Thanks to Brent Busch for this link.
Labels: GunFreeZone, TeachersGuns
posted by John Lott at 10:34 PM
1 Comments:
When I sent this to you last night I forgot to include the part of the law that she's mentions about the state legislature being the only ones to regulate guns. It's ORS 166.170, 166.173 and 166.174.
166.170 State preemption.
(1) Except as expressly authorized by state
statute, the authority to regulate in any matter
whatsoever the sale, acquisition, transfer, ownership,
possession, storage, transportation or
use of firearms or any element relating to firearms
and components thereof, including ammunition,
is vested solely in the Legislative
Assembly.
(2) Except as expressly authorized by state
statute, no county, city or other municipal corporation
or district may enact civil or criminal ordinances,
including but not limited to zoning ordinances,
to regulate, restrict or prohibit the sale,
acquisition, transfer, ownership, possession,
storage, transportation or use of firearms or any
element relating to firearms and components
thereof, including ammunition. Ordinances that
are contrary to this subsection are void.
166.173. Authority of city or county to
regulate possession of loaded firearms in
public places.
(1) A city or county may adopt ordinances to
regulate, restrict or prohibit the possession of
loaded firearms in public places as defined in
ORS 161.015.
(2) Ordinances adopted under subsection (1)
of this section do not apply to or affect:
(a) A law enforcement officer in the performance
of official duty.
(b) A member of the military in the performance
of official duty.
(c) A person licensed to carry a concealed
handgun.
(d) A person authorized to possess a loaded
firearm while in or on a public building or court
facility under ORS 166.370.
166.174. Authority of city, county, municipal
corporation or district to regulate possession
or sale of firearms. Notwithstanding
any other provision of law, a city, county or other
municipal corporation or district may not adopt
ordinances that regulate, restrict or prohibit the
possession or sale of firearms in a public building
that is rented or leased to a person during
the term of the lease.
School districts can't make up their own rules and regulations to regulate firearms. It couldn't be stated more clearly than it already is in 166.170(2), especially the last sentence.
166.174 includes "districts", that includes school districts since they are public buildings according to Oregon law since they are funded with taxpayer money.
You can read the entire section of the ORS that applies to firearms here: http://www.leg.state.or.us/ors/166.html
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