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05.23.08 DEPARTMENT OF JUSTICE, SCHOOL BOARDS FILE ANTI-GUN BRIEFS.

Department of Justice and Oregon School Boards Association File Anti-gun Briefs.

The Oregon School Boards Association has filed an amicus brief in an effort to prevent trained, licensed, school employees from having self defense firearms on school property.

This is no surprise as the OSBA has a long history of opposing self defense in schools. But now the Oregon Department of Justice has joined the battle against self defense with their own amicus brief.

As you may know, the Oregon Firearms Educational Foundation is appealing the decision to deny Shirley Katz, an Oregon concealed handgun license holder, the right to protect herself and her students while at work.

Current events have made it clear that schools are one of the favorite targets of psychopaths, but the Oregon School Board Association and the DOJ have both asked the Court to ignore the very plain language of Oregon law and allow schools to declare their property open season for madmen.

It is unusual for the DOJ to  get involved in cases, but they felt that it was just too important to keep state workers disarmed and helpless.

Both briefs are available in .pdf  format. The DOJ’s is here, and the OSBA’s is here. (These are large files, please be patient while they load. If you cannot open them, e-mail us and we will send them to you directly.)

It’s interesting that both briefs make several mentions of the government as “sovereign.”

Look it up.

sovereign
noun
1 a supreme ruler, esp. a monarch.

adjective
1 sovereign control supreme, absolute, unlimited, unrestricted, boundless, ultimate, total, unconditional, full; principal, chief, dominant, predominant, ruling; royal, regal, monarchical.

In this country, the “people” are supposed to be “sovereign.”  Now apparently we are subjects of a “supreme” state.

Both briefs urge the court to ignore the very clear language of Oregon’s preemption statute. This law was passed to prevent the very kind of abuses that government agencies are guilty of across the state. Here’s what the law says:

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. [1995 s.s. c.1 §1]

Now, you would think that the law is pretty clear. But the courts, the DOJ and the OSBA are arguing that the law  does not mean what it says.

We encourage you to read their briefs.  If you look at the DOJ’s brief, it’s clear that they believe the government as an “employer” has almost unlimited rights. The logical  extension of this position is that a state entity could forbid employees from having firearms in their own homes.

It should be noted, that the school boards and the Department of Justice reach the exact opposite conclusion that the lawyers who wrote the law conclude.

Obviously, both DOJ and OSBA are dead wrong in their interpretation of state law, but clearly they make the battle for state workers’ rights even harder.

If you work for the state in any capacity, your ability to protect yourself is in grave danger. We encourage you to contact your union representatives and ask that they step up and work for your safety.

As you can imagine, these legal battles are costly. If you can help, please remember your utions to Oregon Firearms Educational Foundation are tax deductible and will help to protect the rights of ALL Oregonians.

Please be sure to note that your ution is for the Foundation so you receive the proper receipt for your tax records.