Employers can forbid guns, a judge rules, issues an injunction against OK law.

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gbrigman

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Major Victory for American Workers Right to Self-Defense

Fairfax, Va. – Today, a three-judge panel of the U.S. Tenth Circuit Court of Appeals ruled unanimously in support of 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.



“This is a victory for the millions of American workers who have been denied the right to protect themselves while commuting between their homes and their workplace,” said NRA Executive Vice President Wayne LaPierre. “This effort was aimed at skirting the will of the American people, and the intent of legislatures across this country while eviscerating Right-to-Carry laws. This ruling is a slap at the corporate elitists who have no regard for the constitutional rights of law abiding American workers.”



In March 2004, the Oklahoma legislature passed an amendment holding employers criminally liable for prohibiting employees from storing 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.



“This issue was contrived by the gun control lobby who goaded corporations into doing their dirty work for them,” said Chris W. Cox, NRA chief lobbyist. “However, this ruling is a vindication for every hardworking and lawful man and woman whose basic right to self-defense was taken away on a whim by corporate lawyers. NRA is prepared to defend this right and to ensure the safety of every American worker.”



In October 2008, Oklahoma Gov. Brad Henry and Attorney General Drew Edmondson appealed to the Tenth Circuit Court of Appeals the lower court decision to strike down the NRA-backed worker protection laws. Today’s proceedings 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.



-nra-
 

Mr Shooter

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According to NRA Indiana's parking lot law passed their state senate by a wide margin. :woohoo1: It's on to the Indiana House next. I don't suppose the court ruleing had anything to do with that,,,,,,,?
 

hubmonkey

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No need to YELL TJay but your still wrong. The part of the SDA law that concerns guns in locked cars in parking lots was signed in 2004. The firings took place a couple of years prior to that. See - http://www.nraila.org/Issues/Articles/Read.aspx?id=269&issue=53

RK is right, they were fired BEFORE the law was even conceived. It was their actions that prompted the law to be enacted and since there is no retro dating they have no grounds to stand on to file a lawsuit.

Hub
 

ConstitutionCowboy

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RK is right, they were fired BEFORE the law was even conceived. It was their actions that prompted the law to be enacted and since there is no retro dating they have no grounds to stand on to file a lawsuit.

Hub

Ah, but they do. The corporation was in violation of Oklahoma Statute Title 18, Section 1013 B, in that their bylaw infringes upon the rights of their employees.

B. The bylaws may contain any provision, not inconsistent with law or with the certificate of incorporation, relating to the business of the corporation, the conduct of its affairs, and its rights or powers or the rights or powers of its shareholders, directors, officers or employees.
Added by Laws 1986, c. 292, § 13, eff. Nov. 1, 1986. Amended by Laws 2001, c. 405, § 5, eff. Nov. 1, 2001; Laws 2004, c. 255, § 4, eff. Nov. 1, 2004. (Bolding added by me.)

Woody
 

hubmonkey

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Ah, but they do. The corporation was in violation of Oklahoma Statute Title 18, Section 1013 B, in that their bylaw infringes upon the rights of their employees.

B. The bylaws may contain any provision, not inconsistent with law or with the certificate of incorporation, relating to the business of the corporation, the conduct of its affairs, and its rights or powers or the rights or powers of its shareholders, directors, officers or employees.
Added by Laws 1986, c. 292, § 13, eff. Nov. 1, 1986. Amended by Laws 2001, c. 405, § 5, eff. Nov. 1, 2001; Laws 2004, c. 255, § 4, eff. Nov. 1, 2004. (Bolding added by me.)

Woody

Say what you will about bylaws of corperations, No Lawsuit will come of this by the fired employees.. didn't happen several years ago and will not happen now. You can write that down.

Hub
 

BSwift

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The injunction that was granted after the law was passed was spear-headed by ConocoPhillips. Having worked on their property in Ponca City and Bartlesville, I know why they filed and were initially granted the injunction which prevented enforcing the law.
The Ponco City facility has no public parking. You must be signed in at a Guard station at the front gate. Their office buildings, labs, refining, and storage facilities are completely controlled access including employee parking.
The Bartlesville facilities are slightly different. They have a research facility that is completely controlled access with NO employee vehicles within the gates. However, their main business offices are in downtown Bartlesville surrounded by public sidewalks and streets.
Having personal knowledge of their security layouts, their security plan is very thorough and they are protecting thier facilities and employees from theft of propietary information AND for Homeland Security reasons. I still believe strongly in and completely support not only the 2nd Amendment but the CCL and the rights of those who abide by Oklahoma law regarding the transportation and storage of firearms in the personal vehicles while at work.
Many corporations have high security areas but they does not include employees private transportation, IMO, and now confirmed by the 10th Circuit Court of Appeals.
 

USSWaddell

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So now that the injunction has been overturned...what's next? Can we start carrying on company property Monday? Can we expect companies to notice the ruling and change company policies?
 

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