“Gun Free Zones” have thus become hunting preserves for psychopathic murderers.” – Massad Ayoob

On October 15, 16-year-old Griffin John breached a locked door of the Silver Rail Elementary School in Bend Oregon by firing a round through a locked door’s glass panel, entered the building, and opened fire with a shotgun.

A 25-year-old teacher and three children (ages 5, 8, & 11) were murdered.

A father of two students at the school, Kaylub Giamanco, happened to be driving by when he observed John making his entry.

Kaylub possesses an Oregon CHL permit and was legally carrying his pistol at that moment he laid eyes on the sociopath. He immediately drove onto the property, exited his vehicle, entered the school, and fatally shot the active murderer.

The moment Kaylub entered the school grounds he was in violation of Oregon Revised Statute [ORS] 166.370 which bans carry in a public building or property.

ORS 166.377 has an allowance for school boards and college/university administrators to enact their own rules regarding the practice [and generally only applied ROTC and sports activities], but Sliver Rail has no such exception in place.

As I understand ORS 166.370, Kaylub’s possession of a firearm on school grounds while also possessing a valid CHL permit would make him guilty of a class A misdemeanor in Oregon, which is the most serious. It carries penalties of up to 1 year in jail, a $6,250 fine, and 5 years of probation. [Without permit possession, it would be a felony.]

All that said, it is highly unlikely he will be prosecuted under the statute because of the public outrage it would create. It would be bad politics, and the local prosecutor knows it – DJT has mentioned the hero, and even the leftist governor of the state publicly acknowledged his actions (although not by name.) It’s a national new story, and every gun rights group, and most activists, would assemble a legal team and war chest for Kaylub which would guarantee to ruin careers.

However, should the winds shift and the decision [stupidly be] made to nail Kaylub to the wall, his defense will have a solid legal argument to make, and that would be to invoke ORS 161.200, which states:

(1) Unless inconsistent with other provisions of chapter 743, Oregon Laws 1971, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when:

(a) That conduct is necessary as an emergency measure to avoid an imminent public or private injury; and

(b) The threatened injury is of such gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue.

ORS 161.200 is referred to in Oregon as the Choice of evils. In other states such laws are better known as The Doctrine of Competing Harms, or The Doctrine of Necessity.

The Doctrine of Competing Harms is the simple concept which states that it is OK to break the law when obeying the law would cause a greater loss of human life.

It’s important for us to understand it not only for potential legal defense, but also for our decision-making process.

When meditating on the consequences of responding to a lethal force event which would require us to breach a “gun free zone” to defend the innocent from grave bodily injury or death, we should know beforehand The Doctrine of Competing Harms exists. Possessing such knowledge at the moment of truth will help prevent hesitation and “second guessing” of the internal voice telling us to act.

What knowledge of it won’t prevent is arrest, charges, or trial. After all, prosecutors are always running for reelection, and certain trials can be political feathers in their caps with their constituents – win, or lose. But, it is law that clearly works in our favor and must be invoked by our council at all times during the process (including when making statements to the press!) When our lawyer fails to or refuses to do so (or doesn’t know what it is) they should immediately be traded in for a better model.

“America has the best legal system money can buy…and we all pay retail!” – John Farnam