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The Volokh Conspiracy

Eugene Volokh · 20 Oct 2026

Read the piece on reason.com ↗

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Eugene Volokh did not write this page.

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  1. And while in some situations the balancing test in the necessity defense can be vaguer than the somewhat more precise terms of the self-defense defense, carrying a gun into a no-guns zone in order to stop an apparent in-progress school shooting makes for an extraordinarily clear case for the defense.
  2. But even if you think the Oregon law (coupled with Bend's policy) is foolish in generally criminalizing gun licensees' carrying a gun onto school property, it's not so foolish as to criminalizing their carrying a gun onto school property when necessary to stop an in-progress school shooting.

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