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Guns In Schools Special Report
This article, although originally
written in 2001, still applies today.
On January 28th 2005, the Senate Judiciary
Committee brought this bill back as Senate Bill 335. The hearing
was held in the Multnomah County Courthouse, (to prevent persons
with concealed handgun licenses from attending while in possession
of their legal self defense firearms).
Reserved seating was provided for the those who supported attacking
your rights. Opponents of the bill received no such courtesy.
Supporters of the bill were informed of the hearing date well
in advance of the general public, and the bill that was heard
was different than the bill which was available to the general
public. It is notable that virtually everyone who came to support
taking your gun rights away used the tragic murders at Columbine
High School as an explanation for why this bill was needed.
None would explain what that ridiculous example had to do with
taking gun rights away from persons with concealed handgun licenses.
Many suggested that armed civilians were not capable or equipped
to respond to a school shooting and that job should be left
to the highly trained police. None mentioned that the school
shooting in Pearl Mississippi was stopped by an armed civilian.
None mentioned that at Columbine, the highly trained police
stayed outside while children and teachers were gunned down.
If you were following the gun rights battle
in this state as recently as the 1999 session, you are aware
of the fight that took place over guns in public schools.
Emboldened by their victory with Ballot Measure 5, the anti-gun
nuts and their major mouthpiece, Senator Ginny Burdick took
aim at the rights of concealed handgun licensees.
Senate Bill 508 was the intended vehicle to mount this
assault.
What the bill attempted to do was turn over the power to criminalize
gun possession, on public school property and anywhere school
children gathered, to local school districts.
Current Oregon law is clear. Only the state has the power to
further restrict the “rights” of CHL holders. (Obviously,
if carrying a gun was treated by the state as the “right” it
was intended to be, none of this would be an issue. But the
state does not recognize “rights” at this time, only government
sanctioned privileges.)
If the state did not have sole power in this area, there would
be no reason to even introduce SB 508.
As you probably know, after extensive and sophomoric sideshow
theatrics by its sponsors, 508 was given a hearing on May 23rd,
2001.
To hear the entire debate click
here.
The bill never got out of committee and died the ignominious
death it so richly deserved. So, the right of a CHL holder to
be on public school grounds was once again demonstrated beyond
any doubt. But it would seem not everyone got the message.
As of the date of this writing, Nov. 2001, the Portland Oregon
Schools are still posting signs
warning CHL holders that they risk “arrest” if they are
on school property with their defensive firearms. There is no
doubt that the Portland Schools are violating the law.
On January 10, 2000 Jeffery Millner wrote a letter to Mr. Bruce
Samson.
Samson was General Counsel for a Portland School District, Millner
was an attorney at the law firm of Miller Nash.
The letter begins, “Dear Bruce, You have asked for our opinion
regarding the ability of the District to control the presence
of guns on its premise when the gun owner has a concealed weapon
permit.” (sic)
Included in Millner’s convoluted and tortured attempts to justify
the school district’s flouting of the rule of law are several
telling comments. After citing several portions of the law,
Millner says “These statutes arguably negate the school
boards ability to regulate the possession of firearms on school
grounds under ORS 332.072 through ORS 332.107.
Further on in his letter Millner states the following:
“We believe that the weight of public sentiment would undoubtedly
rest with the District’s policy. Should and individual sue the
District because he is asked to leave school grounds for carrying
a concealed firearm, even if he had a concealed weapon(sic)
permit, the District will likely be seen as taking the high
ground for the protection of students, staff and the public.”
While it is fascinating to see one attorney advise another
based on perceived “public sentiment” rather than what the law
says, Millner makes even more telling comments later in his
letter.
Immediately after the above quote, Millner says the following:
“We recognize, however that the District may have an uphill
battle should this matter be litigated in light of the statutes
described above that attempt to vest the authority to regulate
firearms solely with the Oregon legislature.” (Emphasis
added.)
Millner closes his letter by advising the School District
to continue to follow its illegal policy until challenged in
Court, at which point “the District School Board could then
make a policy determination as to the best course of action
to pursue.”
After being challenged by OFF attorneys, Jollee Patterson, General
Counsel for the Portland Public Schools wrote on Nov. 14 2001,
“I previously sent you the School Board policy that prohibits
anyone except a peace office from carrying a weapon onto school
district policy.(sic) The District intends to continue to comply
with the terms of that policy.”
Patterson in essence is stating that the Portland Public
Schools intend to continue violating the law until forced to
defend themselves. Something they will do with your money.
By the way.If you want to know what the Oregon School Board
Association's position is, you can see it here.
They don't want you to have your self defense firearm in a school,
but even they say it's legal.
Rest assured, no matter what signs are posted in any public
school in Oregon, no matter what lies are told to you by bureaucrats
gorging themselves at the public trough,
if you are a valid CHL holder you are completely within your
rights to carry your defensive firearm on the grounds of any
Oregon Public School. (Adobe Reader Required) |
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© 2000 - 2008, Oregon Firearms Federation. All Rights Reserved.
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