Medford teacher wins first round in legal fight to bring gun to school
08:20 AM PDT on Friday, October 12, 2007
MEDORD, Ore. -- South Medford High School English teacher Shirley Katz won the first round of her legal bout for the right to carry a pistol onto school grounds Thursday.
Jackson County Circuit Judge G. Philip Arnold dismissed a motion by the Medford School District to dismiss the case because she has not actually broken the school policy prohibiting teachers from bringing guns to school.
The judge told Katz he will issue a written opinion on her claim that the policy violates state law that gives concealed weapons permit holders the right to take guns into schools and other public buildings.
Outside the courtroom, Katz said it would be "naive" to think no one is carrying guns to school, she is just the first person with a concealed weapons permit to assert her rights in public.
Her attorney, James Leuenberger, argued in court that the Legislature never intend to give cities, counties or school districts power to regulate guns.
School district attorney Tim Gerking countered that the school district policy does not fall under that prohibition, because it only applies to employees and not the general public.
Gerking added that if Katz wins, "school districts ... could be reduced to armed camps," and school officials could be blamed for gun accidents at schools.
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