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via e-mail |
| School Expulsions For Guns Quietly Dropped Rare procedure omits federal ban |
| August 15, 2005 |
| New research has uncovered an "inventive" federal procedure used to
require local schools to adopt a national student-expulsion plan. Once
set, the enabling law was "omitted," leaving little trace of this
federal gun policy operating on the nation's local schools. In President Clinton's highly publicized Educational Goals 2000, the federal government banned itself from giving money to any school that didn't expel students for having a gun at school (20 USC § 3351). Narrow exceptions were allowed for officials and authorized use, and case-by-case review. Local school systems, to continue receiving the funds they depend upon, had to provide assurance they would expel students who possessed firearms. This forced schools nationwide to quickly implement gun-possession expulsion rules, nearly opposite of the gun-safety training atmosphere that gun-rights advocates recommend. Until the 1960s, many schools had firing ranges on campus, and guns could be brought to school for many reasons, such as varsity competition, ROTC training, hunting on the way home after class, and even show-and-tell. Seven months later, with expulsion policies cobbled into place, the law was quietly "omitted" from a general amendment of the Elementary and Secondary Education Act of 1965, of which it was a part. That removed the ban Congress had placed on its ability to spend. In other words, government can again fund any school, maintaining the influence that implies, even if the school has no expulsion rules. Left in place though are the expulsion requirements schools everywhere had already implemented. Detecting and deciphering this omission in federal law was arguably the most challenging research for the tenth anniversary edition of Gun Laws of America, just released. "Expulsion is an obviously inadequate response to a child who has a gun at school with evil intent," says Alan Korwin, the book's author. "That's why we have deadly serious laws against crime. On the other hand, this approach to gun safety, and the blind fear this law encouraged toward the wholesome American tradition of firearms possession, may be irreparable. It's time to actively invest in training and safety programs, instead of bans and ignorance, isn't it?" ### [Backgrounder: Bloomfield Press is the largest publisher and distributor of gun law books in the country, founded in 1988. Our website, gunlaws.com, features a free national directory to gun laws and relevant contacts in all states and federally, along with our unique line of related books and DVDs. Gun Laws of America for news media review is available on request, call 1-800-707-4020. The author is available for interview, call us to schedule. Call for cogent positions on gun issues, informed analysis on proposed laws, talk radio that lights up the switchboard, fact sheets and position papers. As we always say, "It doesn't make sense to own a gun and not know the rules."] |