Pistol-Packin' Teacher Says It's Her Right
English teacher Shirley Katz insists that the 2nd Amendment and current Oregon law allow her to carry her Glock (that's a type of gun for you non-NRA members) in school. Read about her reasons for wanting to carry and the school district's reaction. What do you think the courts will say. Keep in mind they must rule based on the Constitution and state law as the right to gun legislation is a right reserved to the state.
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Guns in America.
Mr. Thompson
posted by erdecker @ 8:52 AM
1 comments
1 Comments:
While personally, I believe that school teachers should not be allowed to bring guns to school, I think that constitutionally her rights are protected. The Second Amendment states: "A well regulated militia, being necessary to the security of a free State, the right of the People to keep and bear arms, shall not be infringed."
Now, while this is slightly open to interpretation, especially due to the awkward punctuation, it ultimately limits the government's powers to the control of the sale and regulation of guns, through the "regulated militia" clause.
Historically, in order to do this, many laws have been passed, including the National Firearms Act of 1964, which placed a heavy tax on cross-state gun transfer along with registration, the Gun Control Act of 1968, which set the modern rules for gun purchase, the Brady Act, requiring a one week period and a background check, and a few others laws passed which outlawed the sale of semi-automatic weapons. However, this is as far as the government has ever gotten (to my knowledge.)
In 1990, Congress passed the Gun-Free School Zones Act of 1990, which said "it shall be unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone. This does not include possession of a firearm on private property that is not part of school grounds." In five years, however, in the United States v. Lopez case, the supreme court deemed the law unconstitutional and void, stating that Congress had overreached its powers through the Commerce Clause (which gives power over inter-state trade to the government.)
Ultimately, the way I see this, it is the competition between the government's weakness in gun possession regulation, and the schools' powers to limit gun possession based on overall safety and institutional regulations. Logically, I'd say the ... zealous... lady will win.
"Even if she wins, Katz said, she may not bring the gun to school."
So, why exactly is she wasting our time and fighting to put guns in one of the safest places in America? Honestly speaking, I think it makes the job easier for a kid, to simply take the gun from a teacher rather than having to steal one from a parent and sneaking it into school. We could also get into student-teacher conspiracies and teachers who might just get too stressed out and decide to teach a student a "lesson." I hardly think this form of vigilante justice and self indulgence can end well.
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