Posted on 10/01/2006 2:17:32 PM PDT by Mini-14
LACEY - A 33-year-old teacher at Nisqually Middle School is on administrative leave after school officials discovered she brought a .38 Special handgun - along with bullets - on school grounds Thursday, according to the Thurston County Sheriff's Office.
Teacher Mary Catherine Roe, who lives in Shelton, told deputies she was fearful of her husband and that he used a gun while assaulting her, according to a sheriff's report. Roe also has a domestic violence protection order against her husband, according to Mason County records.
No decision was made Monday about whether Roe will face criminal charges, Deputy Prosecuting Attorney Dave Ryan said.
Roe is under investigation for the charge of unlawfully carrying a firearm, which was in her purse, on school grounds. The law says no one except law enforcement officers can bring a firearm onto school grounds. The charge is a gross misdemeanor, punishable by up to one year in jail and a $5,000 fine.
Nisqually parents received a letter from the school Friday explaining that a staff member brought a weapon to school and was placed on leave. The letter reminded parents that it is against state law to bring any firearm to a school campus. The letter did not name the staff member.
Assistant Superintendent of Human Resources Brian Wharton for North Thurston Public Schools declined to confirm or deny who was on leave. No charges have been filed and no district disciplinary action has been taken, he said. Students did not see the weapon, Wharton said.
Roe is a language arts teacher, according to the school's Web site.
Wharton said the district is cooperating with the sheriff's office. District officials will consider the results of the criminal investigation before they decide on any disciplinary action.
He said the district policies don't specifically address what to do if staff members bring weapons to school, though it references the state law forbidding firearms on campuses.
"We expect our staff members to follow the law," he said.
School officials learned about the gun after a co-worker asked Roe how she is protecting herself against her husband, the police report states, and she told him that she had a gun in her purse, according to the sheriff's department.
The co-worker told Nisqually Principal Karen Owen, the report states, and school officials called deputies.
Roe told deputies "that she was aware that she should not bring the gun to school. She thought that if she was discovered that she would simply be asked to put it in her vehicle. Ms. Roe said that she has a concealed weapons permit and is proficient at shooting because of her military training."
Roe was visibly upset and crying when police came to the school Thursday to investigate, the report states.
Roe told deputies that her father had purchased the handgun for her after her husband had assaulted her Aug. 5, "and she has carried it with her ever since," the report states. Roe's husband, Shawn Roe, is awaiting trial on pending charges of unlawful imprisonment and malicious mischief, according to Mason County records.
Her claim that she has a concealed weapons permit could not be confirmed. An official at the state Department of Licensing said Monday that the names of individuals who carry concealed weapons permits is confidential and is not open to the public under state law.
The Thurston County Sheriff's report does not state whether Roe's handgun was loaded, but states that the gun, along with five bullets, were confiscated.
Roe has filed a divorce petition, which is pending, against her husband, according to court records.
The district has the discretion whether to report the incident to the Office of the Superintendent of Public Instruction, which is in charge of teacher licensing, state superintendent spokeswoman Kim Schmanke said. It is not one of the offenses that set off an automatic investigation by the state, she said.
Roe could not be reached for comment Monday at a phone number for her residence in Shelton.
After a concerned parent at Monday's school board meeting questioned the lack of a weapons policy for employees, school board President Judy Wilson responded that she would be interested in exploring a policy for employees who bring weapons to campus.
"I personally believe that we need to have one. We have one about drugs and alcohol," she told the parent and the school board.
"All laws which are repugnant to the Constitution are null and void."
Marbury ~vs~ Madison, 5 US (2 Cranch) 137, 174, 176, (1803)
"When rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda ~vs~ Arizona, 384 US 436 p. 491.
"An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed."
Norton ~vs~ Shelby County, 118 US 425 p. 442.
"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of it's enactment, not merely from the date of the decision branding it."
"No one is bound to obey an unconstitutional law and no courts are bound to enforce it."
16 Am Jur 2d, Sec 177, late 2d, Sec 256.
In Pennsylvania, the law prohibits carrying in a school 'except for lawful purposes'. Different jurisdictions interpret it in different ways. Some people have been prosecuted, but some DAs have said publicly that they will not prosecute someone with a permit if they are behaving properly. Most permits are issued for 'self defense' and since that is a 'lawful purpose' should exempt you from prosecution.
Pennsylvania is in the minority. I now know of THREE states that allow licensed individuals to carry in schools: Utah, Oregon, Pennsylvania. That leaves 47 states that do not.
The relevance of this is question is what? Surely you don't think one needs to be a lawyer to realize that knowledge of crime makes one an accessory after the fact if one does not make the authorities aware of the crime.
The relevance is that I've never seen such slavish submission to 'the law' except from lawyers.
Ah, so you're more comfortable with the liberal buffet style where you just pick and choose which laws you feel like obeying today? Nice.
See my post at #121.
I refuse to obey laws that are immoral. I won't obey laws that leave myself and my loved ones unprotected. I break lots of laws and plan to continue to do so for the rest of my days.
That said, I have never initiated force against anyone or harmed anyone in any way. That may make me an outlaw in your eyes, but our esteemed lawmakers steal (taxes and other takings) from the people and harm them regularly and in the name of doing good. Are you comfortable with that?
So, are you a lawyer or do you just ask how high when the law tells you to jump?
Good thing the gun didn't run off during a break or something and kill someone. /sarcasm
Now we have it. You're a criminal. There really isn't anything more that can be said between us, because I can't honestly expect a criminal, with the pathological disregard for the law that all criminals have to understand why one can't pick and choose which laws to obey.
If there were more responsible adults on school campus legally carrying concealed firearms, it would be a deterrent to mass murderes who target schools.
Your line of thinking is EXACTLY why at public school I will never identify not only do both administrators have firearms easily accessible, but so do several teachers (one of whom is married to a law enforcement officer).
Fortunately, not all people are like you who wish to add insult to injury by victimize victims yet again. I doubt you will find too many people on this forum who share your cowardice.
I have harmed no one in any way. I haveimposed no burden on any one. I have not been convicted of any crime. How am I a criminal?
If guns are banned, will you surrender yours? It would be the law, you know.
BTW, a simple yes or no would suffice. Are you a lawyer?
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