Oregon teacher with license to carry concealed hangun tells court she will be packing a pistol to class
An Oregon teacher with a license to carry a concealed handgun told a state court that she would begin packing a pistol to class by the end of the month, even though school district policy prohibits teachers from carrying firearms in school. Medford School District ("MSD") teacher Shirley Katz is suing the school district, arguing it cannot forbid her a right allowed by state law. She also maintains she is a domestic violence victim and needs the handgun for protection. During arguments before Jackson County Circuit Court Judge G. Philip Arnold, Tim Gerking, MSD’s attorney, warned that if the teacher prevailed, guns in schools could multiply and districts could be exposed to greater liability from accidents. He told the court, "School districts as well as other [public] bodies would be reduced to armed camps." At the heart of the Katz case is the issue of whether state law supersedes a school district's policies about guns in school. MSD has a policy that says teachers cannot carry firearms in school. State law allows people with permits to carry concealed handguns onto public property. Katz maintains that includes her, while the district says it can regulate the behavior of its employees.
Ms. Katz insists she is fighting MSD’s policy because she is a victim of domestic violence and believes in her right to carry a firearm. Her amended legal complaint states, "she fears a violent confrontation that may be initiated by her former husband." However, Gerry Katz, the ex-husband, has repeatedly said he is not violent, nor a threat to his ex-wife. Originally Ms. Katz filed as Jane Doe in an attempt to protect her privacy. She changed that when MSD’s attorney argued that her anonymity invalidated the complaint. Secondly, MSD argued that because Ms. Katz had not been fired or disciplined, there was not cause to rule against the district. Katz’s attorney, who is being paid by a foundation connected to the Oregon Firearms Federation, a pro-gun rights group, countered that because she is promising to begin carrying her gun and she could face discipline, there is reason enough to decide whether the school district can be stopped from enforcing its policy. The primary issue left to decide is whether or not the school district's policy is allowed under state law.
Oregonian By Peter Sleeth
[Editor’s Note: For background on the suit and the state’s concealed gun law being relied on by the teacher, see below.]
NSBA School Law pages on teacher’s handgun suit