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 05.23.08
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 contributions
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 contribution is for the Foundation
so you receive the proper receipt for your tax records. |
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