Thread: Newberg School District's Illegal Gun Rules

Government agencies in OR continue to illegally make firearms rules. I'm not surprised.

Rep Thatcher's letter to the Newberg Graphic is in the OFF link and here.

Oregon Firearms Federation

In spite of the fact that the Appeals Court has ruled in no uncertain terms that schools cannot create or impose their own rules dealing with firearms, Newberg School District Superintendent Paula Radich has made it clear that she intends to do just that.

When informed that the District's policy on firearms possession was illegal, Radich wrote to a district resident: "After considerable research and thought regarding your request to change Board Policy KG and Administrative Regulations KG-AR, in the interest of protecting the safety and well-being of children in our care, I will not be recommending a policy change to our Board of Directors. Thank you for your input"

When contacted by House Rep Kim Thatcher and reminded that the Oregon University System squandered almost $50,000.00 in taxpayer funds in a failed attempt to defend their unlawful gun policies (in spite of having been repeatedly warned that they were illegal) Radich responded: "Thank you for writing me. I have read both court cases and have discussed this matter with our Board of Directors. At this time, I am not recommending a change in Board policy."

Sure,it doesn't effect her pay....yet
$50k? I don't have to pay it.

Originally Posted by drew

Government agencies in OR continue to illegally make firearms rules. I'm not surprised.

Rep Thatcher's letter to the Newberg Graphic is in the OFF link and here.

Oregon Firearms Federation

The residents of the district should sue her personally. If she is willingly breaking the law and causing financial harm to the district it might work.

The school district can have a RULE prohibiting firearms from the school grounds but unless something drastic has changed in the way LAWS are enacted in the State of Oregon they can't make it illegal to have a firearm on school property. No police office would have a Law to arrest anyone under. And since school property is public property I don't see how unless you were doing something illegal they could tresspass you.

Unless I'm really missing something here.

Originally Posted by Mark W.

The school district can have a RULE prohibiting firearms from the school grounds but unless something drastic has changed in the way LAWS are enacted in the State of Oregon they can't make it illegal to have a firearm on school property. No police office would have a Law to arrest anyone under. And since school property is public property I don't see how unless you were doing something illegal they could tresspass you.

Unless I'm really missing something here.

They are regulating firearm possession. This is very similar to what the universities did with an administrative rule that the court of appeals overturned. They are prohibited by law from making the rule prohibiting the activity.

166.170 State preemption

Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

Maybe, just maybe, Newbergin's don't care how they are not protected by elected officials or are just ignorant of the law. Those with Guns will protect themselves most times, and the rest can act like sheep.

Although carry is widely accepted in most instances in Washington, I really like the idea of the Oregon preemption. Kind of makes it crystal clear. Someone was really looking out for gun owners rights when that was enacted.

Originally Posted by nubus

Although carry is widely accepted in most instances in Washington, I really like the idea of the Oregon preemption. Kind of makes it crystal clear. Someone was really looking out for gun owners rights when that was enacted.

You do realize that Washington already has full state preemption don't you?

RCW 9.41.290: State preemption.

RCW 9.41.290
State preemption.


The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.

Wow. As many places (Seattle Parks most recently) that keep issuing bans I didn't realize we had one. However schools and bars are legislated no zones here in WA. Thanks for the info deen_ad!

Wow! The gall Superintendent Paula Radich has shows she needs to go to the private sector or the unemployment line, I really don't care which. This disrespect for not only our Constitution, but our State Laws and legal system are not the example our children should be led by.

Originally Posted by nubus

Wow. As many places (Seattle Parks most recently) that keep issuing bans I didn't realize we had one. However schools and bars are legislated no zones here in WA. Thanks for the info deen_ad!

Schools are not in Washington

RCW 9.41.280: Possessing dangerous weapons on school facilities

(3) Subsection (1) of this section does not apply to:

(a) Any student or employee of a private military academy when on the property of the academy;

(b) Any person engaged in military, law enforcement, or school district security activities. However, a person who is not a commissioned law enforcement officer and who provides school security services under the direction of a school administrator may not possess a device listed in subsection (1)(f) of this section unless he or she has successfully completed training in the use of such devices that is equivalent to the training received by commissioned law enforcement officers;

(c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;

(d) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;

(e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;

(f) Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;

(g) Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or

(h) Any law enforcement officer of the federal, state, or local government agency.

(4) Subsections (1)(c) and (d) of this section do not apply to any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises.

(5) Subsection (1)(f)(i) of this section does not apply to any person who possesses a device listed in subsection (1)(f)(i) of this section, if the device is possessed and used solely for the purpose approved by a school for use in a school authorized event, lecture, or activity conducted on the school premises.

(6) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted in a public or private school building.

(7) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.

Aw come on guys, she is the 2010 Oregon Superintendent of the Year.

“Dr. Radich’s leadership and influence in the Newberg/Dundee area are unmatched,” said Dr. Linder Gerber, President of Portland Community College Sylvania Campus. “She is highly respected and her dedication to the community is well known. PCC considers Dr. Radich a visionary educational partner who personifies the idea of access to education.”

Clearly, she knows what's best for everyone.

Pfft!

Can someone put this in dumb redneck terms....Is it legal to carry a weapon on public school grounds?

Originally Posted by jkent26

Can someone put this in dumb redneck terms....Is it legal to carry a weapon on public school grounds?

Do you have a CHL? If so, yes.
But they can ask you to leave if they find out.

Asp, they can ask, but as long as you otherwise have a legal right to be there, they have no standing for making that the only reason for removing you. Of course, I'm not going to test that.

Originally Posted by Mark W.

The school district can have a RULE prohibiting firearms from the school grounds but unless something drastic has changed in the way LAWS are enacted in the State of Oregon they can't make it illegal to have a firearm on school property. No police office would have a Law to arrest anyone under. And since school property is public property I don't see how unless you were doing something illegal they could tresspass you.

Unless I'm really missing something here.

Isn't that how the Western Oregon University fiasco started, they had the same "rule" that was against state law, had him arrested for carrying in a public building, expelled him from school, etc. I'm pretty sure what's what sparked the whole lawsuit against the oregon university system. Even if you are in the right, it could take a lot of time and money to prove it.

Apparently this school district doesn't care.

Originally Posted by mjbskwim

Schools are not in Washington

RCW 9.41.280: Possessing dangerous weapons on school facilities

(e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;

As an Oregon resident, it looks like in this scenario my Utah permit doesn't cover me like my Washington permit did. For the sake of argument, I have school aged relatives that attend school in Washington.

It is time to start writing LETTERS.

Newberg Graphic Newspaper Letters to the Editor Link:
Newberg Graphic | Submit Letter To The Editor

--------------------------

Newberg School Board Members & Contact Information:
Melinda Van Bossuyt
Board Chair, Director Zone 3
Elected in 1997
503-538-5717
melinda@springcreekllamas.com
Polly Peterson
Director Zone 2
Elected in 2011
503-538-6923
popeters@gmail.com
Todd Thomas
Director Zone 4
Elected in 2009
503-780-4880
no valid email
Jim Chogyoji
Vice Chair, Director Zone 5
Elected in 2005
503-538-9530
no valid email.
Mitsi Vondrachek
Director Zone 6
Elected in 1999
503-538-4241
no valid email
Debbie Hawblitzel
Director Zone 7
Elected in 2005
503-537-0888
debbiehawblitzel@comcast.net
To get in touch with any Director, you may contact him/her directly or contact School Board Secretary Mikaela Schamp at 503-554-5041 schampm@newberg.k12.or.us
Mailing Address for the Board
Board of Directors
Newberg School District 29J
714 East 6th St
Newberg, Oregon 97132
Newberg School District Superintendent
Paula Radich
(503) 554-5042
radichp@newberg.k12.or.us

Originally Posted by jkent26

Can someone put this in dumb redneck terms....Is it legal to carry a weapon on public school grounds?

Originally Posted by Asp

Do you have a CHL? If so, yes.
But they can ask you to leave if they find out.

Or ,probably escorted out by the policia.
And detained ,held until you can show them where they are wrong,guns taken
You get the picture.
If it's one of the schools that have a patrol officer on the campus,I would bet he would get backup and take you a$$ down,brother.
I would bet most LEOs don't know it's legal with a permit.

Well I live in Newberg and my daughter goes to one of the elementary schools. I carry occasionally when I drop her off or pick her up and at most sporting events that I attend. Although I do not carry when I am volunteering at the school for special events or if I am inside the building for longer periods of time.

I wrote an e-mail to the superintendant and cc'd the school board members as well and the response I received was less than acceptable in my mind;

"Thank you for writing me of your concern."

Really? That is all you have to say on the topic? Very weak...

I encourage anyone to write in and give your opinion, especially anyone that lives within the school district boundaries. If we all stay quite nothing will happen and those with less common sense will prevail!