Suit by schoolteacher over preemption
The Oregon Firearms Federation has a report here. Basically, a teacher would like to CCW, and school policy prevents that, so she's invoking the State preemption law, which forbids local units of government to regulate firearms possess and transportation. I 'd not give it high odds, but it is imaginative.
In Minnesota, they were so concerned about the preemption statute MEANING WHAT IT SAID and covering school boards that the School Boards Assn. demanded a special, limited exemption. See Minn. Stat. sec. 471.634 (1985).
Posted by: 30yearProf at May 24, 2008 12:58 PM
One of my favorite business maxims is that you can either have control or innovation. I guess we know which side the OSBA is coming down on. Silly me, I thought tenure was supposed to protect innovators.
Does that make the OSBA a 'conservative' organization?
Posted by: Jim D. at May 24, 2008 03:29 PM
I can't imagine that will work--I don't see a judge buying the argument that the school district is legislating by making rules for its own campus--but it's good that she's trying. It increases the pressure from our side and we belong on offense!
Have you kept up with Winnebago County in Illinois? They're trying to pass their own concealed carry ordinance by county resolution and have their sheriff issue permits. The sheriff and the county's attorney both say it won't hold up in court (the sheriff is reportedly pro-CCW, he just wants a statewide law that will hold up to legal scrutiny.) But the fact that they pass it will mean more than just the law being on the books--it will be one more item of pressure toward change in Illinois.
Posted by: Don Gwinn at May 24, 2008 04:31 PM