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Tenth Circuit Court of Appeals Restores Ability to Keep Firearms in Vehicles at Work
February 23, 2009Printer Friendly | Email |
According to the National Rifle Association of America's Institute for Legislative Action, a three-judge panel of the U.S. Tenth Circuit Court of Appeals ruled unanimously in support of an Oklahoma law allowing employees to store legally owned firearms in locked, private motor vehicles while parked in employer parking lots.
This decision upholds NRA-backed legislation passed in 2004. In March 2004, the Oklahoma legislature passed an amendment holding employers criminally liable for prohibiting employees from storing their legally owned firearms in locked vehicles on company property.
A number of corporations subsequently filed suit in opposition to the new laws, alleging they were unconstitutionally vague; an unconstitutional taking of private property; and preempted by various federal statutes. The lower court ruled in favor of the injunction.
In October 2008, Oklahoma Governor Brad Henry (D) and Attorney General Drew Edmondson appealed the lower court decision to the Tenth Circuit Court of Appeals.
This week's opinion, handed down by Circuit Judges Paul J. Kelly, Bobby R. Baldock, and Michael W. McConnell, reversed the lower court's grant of a permanent injunction.
The companies that filed the original suit fighting the right to keep guns in private cars were Ramsey Winch Inc.; Auto Crane Company; ConocoPhillips; Norris, A Dover Resources Company; DP Manufacturing, Inc.; and Tulsa Winch, Inc.
Click here to read a copy of the appeal.
Reader Comments
I don't leave guns, laptops, cash, or any other valuables in my unattended vehicle.
I work at a company which has a posted policy of prohibiting guns on the premises, but allowing them in vehicles. We have large numbers of soft targets and high-value property in this facility with no security guards. We have electronic door locks, but we also have lots of accessible windows. Stupid, no?
I ignore state law and company policy and carry my concealed handgun with me at all times. I have it on now. I've decided never to let fools, children, or legislators make life or death decisions for me, unless they are standing between me and the bad guys. If I ever need my gun, I may lose my job, but I WON'T lose my life. I can always get another job.
I am an employee of the Dept. of Defense and we are not allowed to bring weapons on base concealed or otherwise. On the battlefield we can have weapons, not on base. I don't see the logic other than trying to avoid lawsuits. I think that is why a lot of these companies are prohibiting weapons, not to deny you rights but to guard themselves against lawsuits. Gaviota if one of your co-workers flipped out and started shooting up the place and you put an end to it, the shooters family would probably sue the company. Until they can get better laws to protect companies and people against frivolous lawsuits, are rights will be directly affected.
Legislation pending in Texas on this subject indemnifies the employer against any liability arising from an employee properly having a firearm in his vehicle in a company parking lot. I would think the OK law does the same, hence there should be no concerns on the part of the employer in this respect. Of more concern would be liability resulting from an employee being assaulted in a company parking facility and - due to company policy - not being afforded the right to defend themselves.
Something to remember about Oklahoma's SDA or Self Defense Act is that there is zero liability for the gun owner who has his/her firearm locked up in a vehicle or the property owner. Oklahoma's legislature has taken the stand that it is the criminal who breaks into your vehicle is the one who should be solely liable.
The 2nd amendment right to bear arms supercedes the companies right to forbid them.One would think that a simple liability waiver issued by the Corporation and the State's Attorney General would thwart any frivilous law suits. When are we going to decide where the line is drawn between "rights" and "priviledges". The criminal IS solely liable for his acts in every country but America. Semper Fi.
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