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A high school teacher in Oregon claims she has a legal right to carry a concealed weapon in school.

Look for the next town hall meeting on “gun control” to be held at Medford High School in Oregon.


That’s where a 44-year-old teacher has insisted on bringing a 19.9 mm Glock pistol to school, reported The Oregonian. She’s secured an attorney a may win the case against the Medford School District. The newspaper agreed not to name the teacher since she claims to be the victim of domestic violence.



Plaintiff’s Lawyer Will Fight School District Policy


Her lawyer, Jim Leuenberger, intends to ask a Jackson County Circuit Court judge to declare the policy "illegal and void" for holders of concealed handgun licences, according to the Mail Tribune in southern Oregon.


"There is a state statute that prohibits local governments — including school boards — from restricting possession of firearms by concealed firearm permit holders," her attorney said. "The state statute says any such local restrictions are void.


The Oregon Statute on Concealed Weapon Possession


The Oregon revised statute 166.170 on regulating firearms reads:


"(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."



Because of privacy laws, neither the school district nor her attorney will name her. Leuenberger said she is fearful of two things: 1) her husband, whom she divorced and has obtained a restraining order against and 2) another school shooting, reminiscent of Columbine, Virginia Tech or the May 1998 shooting at Thurston High School in Springfield, 90 miles north of Medford.



Initially, the Medford School District asked the teacher to refrain from bringing the firearm to school. She complied, then contacted the Oregon Firearms Federation, sought counsel and the fight was underway. The school district plans to fight in court.



"It's our responsibility to provide a safe learning environment for our students and a safe working environment for our employees," said Medford School District attorney Tim Gerking. "We feel that would not be fostered by allowing folks, whether they have the authority or not, to bring weapons onto campus, in particular, firearms — loaded firearms. We believe that's a recipe for potential disaster."


Amid a growing fear of another school shooting, a university in Utah challenged a state law that allows concealed weapons on public property but lost, thereby permitting guns on campus. Earlier this year, South Carolina's legislature defeated a bill that would have allowed permit holders to carry guns in public schools.


Oregon Legal Loophole Worries Officials


Both state and federal laws prohibit carrying a firearm on campus, according to the school district’s attorney, Gerking. However, there are exemptions, including one for holders of a concealed handgun license. "It's a loophole-kind-of-a-thing," said Medford School Board Chairman Mike Moran, a retired police officer. "If they have a concealed weapons permit, it seems to grant a privilege that I don't think the legislature intended."


He went on to say a concealed weapons permit doesn't mean an individual is fit to carry a gun. "You can be an undiagnosed psychotic, a criminal or even a serial killer who just hasn't been caught,” Moran said. “You can come onto our property with a concealed weapon and we can't do much about it."


Then Moran hit a sensitive chord – what if a student got control of the firearm. "Even if it's a totally legitimate person with a legitimate permit — can you adequately guarantee that it will not fall into the hands of a student?" Moran asked. "You can't."


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