By Jim Irvine
In a flagrant case of judicial activism, Ohio’s State Supreme Court has issued a ruling in Gabbard et. al. V Madison Local School Board of Education that affirms a lower court ruling and negates the school emergency response plan for an estimated 200 Ohio school systems.
The case before the court was simple. Did the legislature intend for the law to be interpreted as written, or as Michael Bloomberg wishes it were applied?
Ohio elects Supreme Court Justices for 6-year terms and the court was formerly all Republicans, but thanks in part to out of state money, three of the last four contests have gone to Democrats. In this case, Chief Justice Maureen O’Connor sided with the three Democrats in a 4-3 decision.
At issue is Ohio Revised Code 2923.122 which states in part:
(A) No person shall knowingly convey, or attempt to convey, a deadly weapon or dangerous ordnance into a school safety zone.
(D)(1) This section does not apply to any of the following:
(a) An officer, agent, or employee of this or any other state or the United States who is authorized to carry deadly weapons or dangerous ordnance and is acting within the scope of the officer’s, agent’s, or employee’s duties, a law enforcement officer who is authorized to carry deadly weapons or dangerous ordnance, a security officer employed by a board of education or governing body of a school during the time that the security officer is on duty pursuant to that contract of employment, or any other person who has written authorization from the board of education or governing body of a school to convey deadly weapons or dangerous ordnance into a school safety zone or to possess a deadly weapon or dangerous ordnance in a school safety zone and who conveys or possesses the deadly weapon or dangerous ordnance in accordance with that authorization; (emphasis added)
This is a simple exemption to a criminal statute against carrying guns in schools for citizens with concealed handgun licenses (CHLs).
The lower court had ruled that the intent of the legislature was that “any other person” meant those who had gone through the state’s 730-hour law enforcement training. There is no logic in why anyone would need training on driving a vehicle at high speeds, traffic laws, preservation of a crime scene or testifying at a trial to stop a school killer. One should have nothing to do with the other, but this is a case of emotional sensationalism, not logic and reason.
Because of the way the court ruled, the decision only applies to employees of the school. So “any other person” is not even consistent. While they decided it is too dangerous for trusted employees who complete many hours of training with law-enforcement or through the FASTER Saves Lives program to carry a gun, schools are free to allow unknown people with a CHL and no further training to carry guns in schools without limitation.
The rationale behind the ruling is that school employees are “on duty” and thus are the same as police officers in the scope of their duty. Of course, they are not employed as police or armed security officers. They have no police powers or arrest authority. They are simply school employees who are willing to train to whatever level the local school board requires, and to step in when needed to stop an active killer and save children.
During oral arguments, Chief Justice O’Connor was clear that she did not understand the difference between a law-enforcement officer, in the scope of their official duties and a person with a CHL. She often referred to the “duty” of non-officers. In fact, even on duty, police have no “duty” to respond and save any individual from harm.
Sadly, while the Ohio legislature has considered multiple bills to clarify any supposed confusion and ensure that years of safe practice remain viable options, the Republican controlled House has refused to pass such legislation and has left for their summer recess. Hopefully school safety will be important to them some day. For now, children’s lives don’t matter in Ohio.
The lawsuit was paid for by Bloomberg’s Everytown Law, one of his many Astroturf anti-self-defense groups.
Irvine is a co-director of FASTER Saves Lives and a member of the Second Amendment Foundation’s Board of Directors.
