Can Teachers Now Carry Guns In or To School?

Supreme Court's Ruling Might Be Used to Extend Second Amendment Right
WASHINGTON - June 23, 2022 - PRLog -- The Supreme Court's decision that the 2nd Amendment creates a right of all citizens to be armed, and to carry concealed handguns outside the home, might provide the basis for teachers to demand the right to be armed in school, suggests law professor John Banzhaf, who has successfully analyzed and predicted the outcome of several gun cases.

Some might argue that it's not clear that schools are "special places" where "longstanding" "laws forbidding the carrying of firearms" thus "are constitutionally permissible."

The majority opinion does suggest that schools are such "special places":

However, another portion pointedly fails to cite historical precedent -  "the Nation's historical tradition of firearm regulation" which is the standard the Court adopts - for including schools.

Moreover, the majority opinion cites at least one historical use of guns in schools for much-needed self-defense purposes.

As a fallback, it can be argued that prohibiting teachers from bringing handguns onto school property entirely would take away their constitutional rights to have such firearms on their person while coming to and going from school, including any intermediate stops which might be necessary.

To protect the rights of teachers to carry guns before and after the school day, the law might require schools to provide places where the firearms can be safety and temporarily stored - e.g., as they are when officers visit a prison, some areas of police stations, etc. - during the school day, thereby not preventing the teacher from exercising his constitutional rights in many other venues.

If this temporary gun storage proposal were adopted, a possible added advantage is that a firearm might be available to confront an armed intruder during those first critical minutes before law enforcement authorities can arrive.

Requiring the gun to be kept. somewhere other than on a teacher's person or in his classroom or office, would limit any danger it might otherwise pose, and would mean that it could not be used to deal with an armed intruder without the permission of the person in change of the room in which it is temporarily stored - likely to be the office of the principle or other official.

The law professor notes that some 20 states already have laws which permit some teachers to have their own guns in classroom.

This suggests that some states believe that having an armed teacher can deter mass shooters - who might see a sign saying 'WARNING - SOME TEACHERS ARE ARMED" - from entering a school, suggests Banzhaf.

In short, today's Supreme Court decision might open the door for creating arguments on behalf of teachers, especially in light of recent mass shooting, he says.   @profbanzhaf

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