Janitor fired for bringing gun to school sues district

Oatka

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This one has potential.
http://www.oregonlive.com/news/99/12/st121613.html

Janitor fired for bringing gun to school sues district

The Milwaukie man says officials in the North Clackamas system violated his civil rights and usurped the state's authority

Thursday, December 16, 1999

By Noelle Crombie of The Oregonian staff

A janitor fired from the North Clackamas school system for bringing a semiautomatic handgun to work is suing the district, saying that his civil rights were violated and that only the state has the power to regulate the possession of handguns.

Greg S. King of Milwaukie was fired in September after a locked backpack containing a loaded handgun was found by an employee in an elevator at Mount Scott Elementary School, where King worked as a night custodian.

King, who holds a permit to carry a concealed weapon, was fired for violating a 1997 district order that he not bring a firearm to work, said Larry Anderson, the district's director of personnel services.

King's attorney, Michael Farnell, said that as a night custodian, King at times armed himself for his own protection.

King had been threatened by people using the building, and his car had been broken into, Farnell said.

District officials said that King did not report the threats or the break-in to the school.

King could not be reached for comment.

The case is being watched closely by educators as well as gun rights proponents because it could test a 1995 state law that gives the state authority to regulate possession of concealed handguns.

The outcome could have broad implications for the ability of Oregon school districts to control whether their employees with gun permits can take weapons to work, said Jim Green, an attorney and senior legislative advocate at the Oregon School Boards Association.

"This case will be one of those cases that will set the tone for what districts can do to protect their buildings, their students and their staff," he said.

Oregon law prohibits the possession of firearms in public buildings, including schools. But state law allows adults to carry guns in schools as long as they have a concealed weapon permit.

Oregon Gun Owners, a gun advocacy group that represents 10,000 gun owners, gave King advice and referred him to Hagen, Dye, Hirschy & DiLorenzo, a Portland law firm that has lobbied for the gun group. Farnell, a lawyer with the firm, filed the lawsuit in Clackamas County Circuit Court on King's behalf.

Deputy Attorney General David Schuman said the lawsuit could answer the question of whether government employers can regulate the possession of handguns by employees. He said his agency's opinion is that state law permits government employers to adopt policies regarding handgun possession at work.

"I think this case presents a good opportunity to clarify a complicated and murky area of the law," Schuman said.

Oregon Gun Owners hopes the case affirms the state's sole authority to regulate gun possession. The group wants to prevent local governments, including school districts, from adopting their own gun-control measures.

School districts in Portland, Eugene, Gresham and Corvallis are among a small but growing number of school systems in Oregon with policies banning all weapons in schools, including those carried by people with gun permits.

"It has the potential to completely gut the intent of the (concealed-weapons) law, which is to allow citizens to carry (firearms) who have been licensed by the state," said John Hellen, administrator for Oregon Gun Owners. "We are not talking about random Joe Blow here. We are talking about people who have paid their fees, gone through training."

Warning letter
King had worked as a night custodian in North Clackamas since 1987 and had been at Mount Scott Elementary since 1991. In November 1997, after hearing reports that King had a gun during his shift, district officials sent him a letter ordering him not to bring a gun to work, Anderson said.

Before school on Sept. 14, an employee at Mount Scott Elementary discovered a locked backpack in an elevator. Dean Long, the school's principal, called the Clackamas County Sheriff's Department, because the bag was heavy and seemed suspicious, Anderson said.

Inside, police found a loaded 10 mm Glock handgun, ammunition, five knives and survival gear, including a first aid kit and blanket. King later told police the items were given to him by a friend who had gone hunting, said Capt. Don Vicars, who heads the sheriff's civil division.

After learning about the incident, Vicars suspended King's gun permit until he could talk with him.

King later explained to Vicars that the weapons had been returned before work by a friend who had been hunting. He said he did not want to keep the weapons in his car while he worked.

"He convinced me he was not an evil person," Vicars said Wednesday. "That is why I returned his concealed-handgun license to him. He made a mistake."

Because King was fired for having a weapon on school grounds, the district also barred him from coming onto district property without permission from Superintendent Ron Naso, Anderson said. King, according to a letter sent to him on Sept. 15, is allowed on school grounds only for reasons pertaining to his children, who attend district schools.

King's lawsuit seeks unrestricted access to his children at school, reconsideration of his firing and back pay.

Zero tolerance
North Clackamas does not have a policy expressly prohibiting employees licensed to carry handguns from taking them to work, Anderson said. But the district has a zero-tolerance policy banning students from carrying weapons to school.

"We have zero tolerance for employees just as we would for students," Anderson said. "It's ludicrous for somebody to believe that a concealed-weapon permit would allow them to bring a weapon into a public building with children there, and it's left unattended."

Farnell could not say how frequently King brought his handgun to work.

Farnell said King is sensitive to the district's concerns about having guns in school. But students were not in the building during King's shift, which was from 2:30 p.m. to 11 p.m., he said.

Regardless of whether banning concealed weapons in school is good policy, it is not one the district has the authority to impose, Farnell said.

"If the school district wants to change that, it needs to do that at the state Legislature and not by firing Mr. King," he said.

You can reach Noelle Crombie at 503-294-5927 or by e-mail at noellecrombie@news.oregonian.com.


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The New World Order has a Third Reich odor.
 
So why, when a case like this comes up that could do some real good for our side, is the plaintiff always such a dumb ass? I'm embarrassed to root for the guy.

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Stay cloze to ze candles, ze staircase (dramatic pause) . . . can be trecherous.
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>...a locked backpack containing a loaded handgun was found by an employee in an elevator at Mount Scott Elementary School...[/quote]

I would have fired him, too!


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John/az

"The middle of the road between the extremes of good and evil, is evil. When freedom is at stake, your silence is not golden, it's yellow..." RKBA!
 
Wouldn't "Clinton's" federal law pertaining to guns on school property apply in this case? I am from Indiana so I am unsure of their local laws but it is hard to even find a local officer here that is sure of what state or federal laws apply to CC holders.

I have a perception that all guns are not allowed on school property. Our vice Principal even claims an officer would technically have to ask for permission if they wanted to get down to it.

-Speaking as a part time custodian who among with other teachers wished they could at least have something in the car.

[This message has been edited by gunpowder (edited December 19, 1999).]
 
I suspect the story is not adequately clarified here. Leaving a firearm unattended in a school sounds to me like cause to revoke his CCL, not to mention firing him. So I suspect we ain't hearing all of it.
 
"Wouldn't 'Clinton's' federal law pertaining to guns on school property apply in this case?"

Maybe, but the feds are too scared to try it. Why? Because the original "Gun Free School Zone" was overturned by the Supreme Court in 1995 with U.S. v. Lopez. They ruled that the GFSZ was too much of a stretch for the already stretched Commerce Clause. See also Printz-Mack v. US (Brady Law) and Justice Thomas' concurring opinion.

These might be at www.2ndlawlib.org

So, it was overturned, eh? So why do we stil have a GFSZ? Well, remember the famous Clinton quote, "I have instructed Attorney Gerbil Janet Reno to find a way around [the ruling"? Congress just passed virtually the same law over again.

Knowing that if they attempt to prosecute under this law, the Justice Department may find themselves up against the very same Supreme Court which ruled it unconstitutional back in 1995. "Hey, didn't we tell you four years ago that you couldn't do this?"

Rick

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"Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American." Tench Coxe 2/20/1788
 
I was in Portland, OR last week and heard about this on the local news. They were making a really big deal about it. One talking had was so infuriated and exasperated by this that there was spittle coming out of the sides of her mouth.

What a putz, leaving the bag in an elevator. At least it was locked. But really, what was he thinking. I hope that this case quietly dies.
 
Gunpowder..

Shortly after Columbine...there was something about having LE on campuses somewhere in the Bay Area (SF or Oakland). The school board president stated that if so the cops had to be gunless...the local Chief of PD told him to pound sand.

GFZ may be unconstitutional, but it has acheived Clinton's purpose...it exists even if it isn't good law because its being enforced on the local level; or its believed to be a valid law.

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"Quis custodiet ipsos custodes" RKBA!
 
DC - that was the San Francisco Board of Education and the Chief was Fred Lau.

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Vigilantibus et non dormientibus jura subveniunt
 
The federal law pertaining to carrying on school property has an exception for those "licensed by the state" to carry. Here in Colorado the law specifically allows carry in schools.

This is one reason the recent attempts to pass "shall issue" law has had lukewarm support...the pols want to eliminate many places CCW licensees can now carry.

org
 
I had talked to a ATF agent a few years back about this. I was told unless on official police business nobody even off duty officers could carry on school property without a written permit from the school superintendent. But local LEO has all agreed not to bother people with permits "that we know of" and we won't know about others because they are concealed...
Now if these little monsters would just go to the Super to get a slip to bring their guns to school before they do their shootings.
I brought shotguns, rifle "30 06 and 22" to school, sometimes on school bus. Would bring them to principals office before 1st class no big deal.
Now had a instructor threaten to have me kicked off community college campus because I had a small Barlo pocket knife!!! "It was a cpr type class I was taking on my own" I just let his lips wag.
 
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