Judge Nixes Oklahoma's Guns-in-Locked-Cars Law

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The line is drawn at the locked car door. that's where the employer's property ends and the employee's property starts.



I think with recent passage of Castle Doctrine laws in many states IMO the legal winds are starting to blow in this direction. That is the automobile is an extension of ones home and thus would be off limits to search or regulation even if the automobile is parked on private property.


And no this does not extend to your person allowing you to CCW anywhere you please.
 
From post # 45:
29 USC § 654. Duties of employers and employees
(a) Each employer—
(1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;
(2) shall comply with occupational safety and health standards promulgated under this chapter.

(b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this chapter which are applicable to his own actions and conduct.


The underlined part is what the Oklahama Fed. court used to invalidate the Oklahoma state law. Even though the judge disclaimed that he was ruling that all employers had to adopt the Conoco-Phillips employee firearms rules in order to comply with OSHA, his ruling was that Conoco's decision to ban guns was due to its attempt to comply with the underlined part of the OSHA law. The "compliance conflict" was what decided the case in Conoco's favor.

However, and this is just my take on it, unless you are a parking lot attendant or such who continuously executes their job description IN a parking lot, this doesn't apply. OSHA's whole purpose is to protect workers in the working environment.

Just my 2 cents.
 
Why is everybody so protective of the employer's property rights, but totally ignoring the property rights of the employee? The car is the property of the employee and not the employer. There's a boundary involved; the employer should have no say whatsoever about what's inside the vehicle as long as it stays inside.

I know - they scream "PROPERTY RIGHTS" then ignore the fact that a private automobile IS private property!

But, while I don't feel justified in extending it to what I carry on my *person* - it might be tricky to make sure the line is drawn at the car... :/

OSHA's whole purpose is to protect workers in the working environment.

And even THERE they fail, because based on my dealings with them, they do not consider things that would put one at risk of a robbery AS a 'workplace danger.' At least not in NC. Maybe we need to do a mass writing campaign to OSHA or something?

BTW - that was something I've never thought of before - the poster on the last page mentioned buying STOCK in your company - IE, being a "part owner." Thus you are part owner of the property where you work? Don't know if that would hold water, but it might be worth looking into.
 
Oklahoma's response to this should be to institute a "private property permit" system where companies who want the right to ban firearms on their property must submit an elaborate application, corporate character references, and a substantial fee to an understaffed bureaucracy (possibly biased in favor of gun rights, hm?) which will duly consider the company's suitability, and if approved, shall issue a private property permit within 60,000,000 days.

What Oklahoma should do is make any employer who will not allow an employee to store firearms in his/her car on employer property while at work, secure a large insurance bond, say $1M per employee, in case of medical or liability suits arising out of employer negligence in case of employees being attacked on the employers property during working hours.

No matter which way you cut it, in the final analysis, with this ruling more people will be killed sooner rather than later. If a killer wants to get into a place of employment and kill they will. Its just that without a means to stop them in their tracks, more people will needlessly die than if someone has a firearm to immediately use to stop the killer.
 
Sorry, I didn't get to post the opinion last night (no time).

The opinion goes on for pages about how -
(1)OSHA recognizes "workplace violence" as a workplace hazard, and
(2) employers who do not allow firearms on their property are "likely" ABATING the risk of an employee getting their guns and shooting up the place.

The judge repeatedly cited the OSHA guidelines regarding health care worker safety when he ruled that Conoco's gun ban was "reasonable" in complying with the OSHA general rules. Conoco's ban was deemed "reasonable" because it targeted a supposed risk of "foreseeable danger" of workplace violence involving the stored guns.

Here is what the judge wrote:
(pg.36 n56)
This Court agree with the author of the Brady Center article who stated that it is "likely a breach of OSHA's general duty clause if a company does not ban guns from its premises . . . because guns can be easily retrieved from such areas by disgruntled employees."

and

(quote from pg. 37)
After review of various published materials discussing the OSH Act and workplace violence, the Court is convinced the OSH Act's general duty clause extends to potential dangers posed by unauthorized firearms on company property and, specifically, the danger of workplace violence committed against employees.

and
(quote pg.43)
Plaintiff's chosen method of abating the hazards associated with unauthorized firearms on company property - eliminating unauthorized firearms on company premises - is a logical and effective means of complying with the OSH Act. Notably these policies are not overbroad or irrational attempts to comply with the OSH Act. . .

In addition to materially impeding employer' abilities to comply with the OSH Act general duty clause, the [OK laws] "thwart" the overarching federal policies of "encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards" . . .

Consistent with its purpose, OSHA has effectively communicated to Plaintiffs the dangers of workplace violence and "stimulated" them to enact policies like Plaintiffs', which are designed to prevent gun-related workplace injuries.

Concluding with:
(quote from pg.45)
The [OK laws] criminally prohibit an effective method of reducing gun-related workplace injuries and cannot coexist with federal obligations and objectives.

OSHA has a whole webpage on "Workplace Violence" - http://www.osha.gov/SLTC/workplaceviolence/index.html

Here is what OSHA says in it's Guidelines for Preventing Workplace Violence for Health Care & Social Service Workers:
The risk factors

Health care and social service workers face an increased risk of work-related assaults stemming from several factors. These include:

* The prevalence of handguns and other weapons among patients, their families or friends;

That is the FIRST among eleven listed risk factors.

If you were an employer reading those quotes, what would you conclude about needing to ban guns from your property to comply with OSHA?

I still can't put up the opinion until tonight. I'm really sorry about that.
 
Last edited:
"Rights"?

A point I have not seen mentioned here is that people have "rights". A corporation is not a person and is "empowered" by state law. The extent of that empowerment is what ever the state law says it is. So property rights should be a non-issue here. Might be one reason the judge cited OSHA regulations and not property rights. OSHA regulations can be notoriously illogical but at least they exist.
 
A point I have not seen mentioned here is that people have "rights". A corporation is not a person and is "empowered" by state law. The extent of that empowerment is what ever the state law says it is. So property rights should be a non-issue here. Might be one reason the judge cited OSHA regulations and not property rights. OSHA regulations can be notoriously illogical but at least they exist.

Tut tut. You're out of the game because you're using an extremist buzz word--"corporations"--to intentionally distort reality, and the rules of the game are that only Al Gore, Michael Moore, Hillary Clinton, and other people specified in the rule book are allowed to do that.

The OSHA regulations quoted above talk about "employers" not "corporations." You're not entitled to make those words synonyms even if you really, really want to do that. Not all employers are corporations: some employers are individuals, some are partnerships, and some other other legal entities. I'm aware that it's good, clean, fashionable extremist thinking to portray corporations as the source of evil in this world, and baldness too, but sometimes it's wise to establish some contact with the real world from time to time. Otherwise you risk becoming Al Gore and telling convenient lies.

It's not that I want to stop you or anyone else here from doing whatever it is that makes them happy, though, so please feel free to say whatever you want. I don't even really mind if you want people to believe that employees and employers always occupy a level playing field, that it's okay for white people to discriminate against black people and equally okay for blacks to discriminate whites, or that coal miners are happy little campers who never strike against coal mine owners. Distort and twist whatever you want. This is the Internet.

That said I thought I had explained carefully that people do not have any rights equivalent to those of business and property owners. It's pretty good to own a business and/or property because then you get to do whatever you want to anyone you want if that person is on your property. No governmental agency makes any laws that apply. OSHA? Ignore their piffle. The rights of business owners and property owners are absolute. Just ask some of the people in this thread.

As for the judge's opinion, he is absolutely correct:

The opinion goes on for pages about how -
(1)OSHA recognizes "workplace violence" as a workplace hazard, and
(2) employers who do not allow firearms on their property are "likely" ABATING the risk of an employee getting their guns and shooting up the place.

The judge repeatedly cited the OSHA guidelines regarding health care worker safety when he ruled that Conoco's gun ban was "reasonable" in complying with the OSHA general rules. Conoco's ban was deemed "reasonable" because it targeted a supposed risk of "foreseeable danger" of workplace violence involving the stored guns.

Here is what the judge wrote:

Quote:
(pg.36 n56)
This Court agree with the author of the Brady Center article who stated that it is "likely a breach of OSHA's general duty clause if a company does not ban guns from its premises . . . because guns can be easily retrieved from such areas by disgruntled employees."

The Second Amendment recognizes the right of the people to keep and bear arms, and it prohibits infringement of that right, but its prohibition reaches to the federal government and not to OSHA, which is an agency within the federal government.

So the judge's opinion--supported by the Brady Campaign--has the effect of allowing part of the federal government to do what the federal government as a whole is not allowed to do.

That is excellent judicial thinking and I am happy to see people here support it. What it means is that the only way for the federal government to infringe upon your Second Amendment rights is if every employee of the government gathers together at the same moment and leaps to take away your gun in one coordinated movement that would put the Russian ballet to shame.

In that view it would be impossible for the federal government ever to infringe your Second Amendment rights because there always is at least someone who doesn't get the word. Harry Fincher, a mailman in the midwest, is notoriously tardy and if good ol Harry isn't there to put his hands on your gun at the same time as everyone else your rights are not being infringed.

Feel good about this situation. There's no problem. Besides, keep in mind TwitchALot's excellent point. In his view the ideal human condition is one in which everyone gets to do unto everyone else, so you're entitled to do to the employer what the employer does unto you, unless it interferes with his rights. You have no rights except to do what you are told to do, and if you don't like it your only option is to go somewhere else. Mars is supposed to be a pretty nice place this time of year and I don't think there are any employers, business owners, or property owners there yet. If you become the first, you can dominate that planet and everyone who comes later will have to do what you want. Cool, huh?
 
The Brady Campaign has thoughtfully hosted a PDF of the opinion on it's site: http://www.bradycampaign.org/xshare/pdf/oklahoma_decision.pdf

Plus, Paul Helmke himself has seen fit to comment on the case:
http://www.huffingtonpost.com/paul-helmke/court-rejects-forced-ent_b_68192.html
Court Rejects "Forced Entry" Of Guns At Work

Posted October 12, 2007 | 09:49 AM (EST)

What do you call a law that forces employers to accept guns on their property, when doing so makes it impossible to provide a safe workplace under the Occupational Safety and Health Act (OSHA)?

Ridiculous?

What do you call a law that could force guns onto the private property of a homeowner who doesn't want them?

Outrageous?

In Oklahoma, they call it "unenforceable."

Last Thursday, October 4, Judge Terence Kern of the Federal District Court in Tulsa, Oklahoma, issued a 93-page injunction [pdf document] that rejected the gun lobby's fiercest effort yet to force guns into America's workplaces. Notably, the court's opinion cited the Brady Center report on this critical subject - Forced Entry: The National Rifle Association's Campaign To Force Businesses To Accept Guns At Work - no fewer than five times.

Under the "forced entry" statutes that Judge Kern rejected (Okla. Stat. §§21-1289.7 and 1290.22(B)), someone who kept a gun in their car would have the right to take their weapon almost anywhere there was a parking lot - courthouses, mental health facilities, day care centers, and almost every private business. Even some homeowners in Oklahoma may not have been able to prevent a guest from driving onto their property with a firearm in his or her automobile. (See pp. 61-62 of the opinion [pdf document].)

Does that make sense to you? Should a guest be able to tell you what you can do on the property that you bought and paid for? Somehow it does to the NRA. Yet to most Americans [see table 8.2] with a more traditional understanding of private property, the Oklahoma law was completely irrational. That helps explain why the NRA's attempts to pass similar laws have failed in Florida, Georgia, Mississippi, Texas and nine other states over the last two years.

As it happens, however, Judge Kern didn't reject the Oklahoma "forced entry" law because it contradicted a basic understanding of private property. Instead, Judge Kern found it impossible for an Oklahoma employer to simultaneously follow the state's bizarre "forced entry" gun law and fulfill its general duty under OSHA "to protect [ ] employees from recognized hazards that are likely to cause death or serious bodily injury." The court rightly concluded that an employer's general duty "extends to the hazard of gun-related workplace violence" and that such violence "is a 'hazard' that is likely to cause death or serious bodily injury to employees."

The evidence is clearly on the court's side. And it's just common sense.

Due to the court's decision, working families in Oklahoma can rest easier knowing that now business owners have control over their property again, and that they can punch their time-clocks without worrying about how many of their co-workers have a semi-automatic firearm out in the parking lot because the law said it was OK.

It's not OK, and now they have the right to say so.
 
So does that mean I can now tell law enforcment that they may not bring their weapons onto my private property? And no leaving them in the car either!
 
Just keep your gun in your car, dont tell anyone and do not worry about it. It is not like they can legally search your car with out your consent, if they do ask decline.
 
Come on folks seriously, forget about private property rights!! A new torch has been lit in the fight against gun owners, this judge has found a loop hole in the whole shall not be infringed statement in the second amendment!! Apparently, regulatory action by a Federal Agency is not the same as the Congress passing a law infringing on the second amendment, so logically since OSHA is subject to the Executive branch the next sitting President can dispense with the mess of signing an actual bill he can just issue an executive order declaring guns a danger to all work places - customer guns included. So what if you own them at home, you won't be able to take them anywhere. Oh wow, new avenue just occurred to me, if OSHA can regulate guns why not the FDA, since guns fire bullets, bullets are made from lead, lead is an environmental hazard, especially for young children, therefore if you have children no bullets in your home containing lead...
 
Not all company's have a place outside company property to park. Lots of chemical plants are in the middle of nowhere. There is literally no where to park unless you want to park in the ditch and walk half a mile to the plant.

IMO, when the company sets aside a parking area on its property, they are giving up some of their control over what goes into that parking lot. I have no problem with them restricting firearms outside the vehicle or on the person of the employee while on the property, but saying they can't have it in their vehicle is not right. IMO, the company would be better off fencing off a parking area and putting the security gate between the parking lot and plant.

On the OSHA thing, I don't think it even remotely applies since the OK law referred specifically to the vehicle, not the workplace.

My company's corporate office has parking in a 3rd party parking garage. The company asserts the right to search any employee's vehicle in that parking garage or you will be fired. They never have done so as far as I know, but they say they can. I think it is BS myself, but I'd hate to lose my job over something like that.
 
Saying people can just quit is kind of BS when guys might have many years of time built up with vacation and retirement that might be lost if they were fired instead of quit or laid off. Putting your family in a bind because guys on the internet think you should assert your rights is pretty irresponsible. That would be like my Dad asserting that he had the right go work for a non-union company and losing his pension. Not the same legal issue, but the same result.

In my case, all of my company's competitors have the same policy as well as all of our major customers and just about everyone in the industry. I think I would have to go a completely different direction in making a living if I wanted to run away from that policy.
 
MY company has the same BS rules about no weapons on company property including if they want to push it pocket knives even though many technicians use a fixed blade electricians knife carried on the belt every day. They also have in company policy implied consent to search vehicle if brought on company property.

I certainly hope this ruling gets appealed but I don't plan to hold my breath. Instead if I think if it is prudent I will park on the street in front of my company office which is closer to the door than the open to the public company parking area behind the building.
 
For we all recognize that when an employer prohibits employees from even leaving their self defense firearms in their own locked vehicles on the employer's property there is no way for the employee to have them on the trip to and from work every day. The employer therefore exercises effective control over the employee's life even before and after the work day, and that is exactly how things should be.

I also find it offensive when the employer prohibits me not only from carrying to and from work, but also when I have to do my errands on the way home from work. The employer has already prevented me from keeping myself safe when I am in my workplace, but now, by preventing me from storing my legally carried firearm in my locked car, the employer has set up a chain of inevitable consequences concerning my safety.

The alternative of parking off the property, in my situation, would mean a long walk down dark streets to reach my car, putting me in more jeopardy. The older I get, the crazier this seems to me.
 
Probaly, but you cannot prevent them from leaving their firearm locked in their car.

Sure you can, if you know about it and the car is parked on your property. You can tell them to remove the gun from your property. If they refuse, you can ask them to leave. If they refuse, you can have them arrested for trespass.

K
 
On the OSHA thing, I don't think it even remotely applies since the OK law referred specifically to the vehicle, not the workplace.

It was a joke, the point being is regardless of whether you support this law or not, this judge just trampled all over the second amendment using Federal Regulation of a privately held business -> talk about irony. Essentially, he is saying that the State of Oklahoma can't regulate businesses but the Federal Government can. So if we get language included in the OSHA reg concerning safety in the work place to exclude firearms based on their use a defensive items by law abiding citizens, we are back to square one again, the law becomes valid again. So sad...
 
RH said:
Your position is much clearer now.

Do you mind explaining how it was unclear in the first place? You didn't honestly think that what I said only applied to "white" people, did you? I don't know how anything I said could have been implied to mean, "white people (or anything other than "everyone") should be free to do as they wish with or on their property (I'm not going to keep typing up the stipulations or what that actually means).

The rest of what you say is some bizarre game you're playing by denial of history and fact. When you say "If the workers thought the coal mines were so bad, why didn't they strike, Robert," you want people to believe that they did not.

In fact the mine workers did strike a great many times throughout the Nineteenth and Twentieth Centuries, not only in the United States but also in the U.K., Canada, and other countries. Mineworker strikes were frequent and are well known. So were the inevitable results. The mine owners hired private agencies of armed men who were supplemented by local law enforcement and the National Guard to ensure their rights as property owners and business owners. Striking miners were beaten or shot.

How is this at all relevant? In a free society, property owners would NOT have the right to infringe on the freedoms of other people. Beating and shooting people in such an instance would be just as illegal in a free society as the one you seem to desire. Property owners do not have the right, in a free society, to force anyone to do anything, short of leaving their property if that is their wish. Likewise, you, or anyone else, would not have the right to force me to stop eating "unhealthy" foods, drink alcohol in my place of residence, or anything else that doesn't infringe upon the freedoms of others.

Your suggestion of a level playing field between employers and employees is absurd. Coal miners who earned a dollar were paid in scrip--paper issued by the company--that was useful only to pay their rent for shacks owned by the company or to buy things sold for inflated prices at the company store. A coal miner who insisted upon being paid in U.S. currency received it at a discounted rate so that his dollar in scrip bought 80 cents in money. These are the people you portray as having some real ability to either leave for other work or to strike for higher wages from the mines that employed them.

Nonsense. Neither Hobson's Choice nor Sophie's Choice are real choices. They are fictions created by those who attempt to delude the ignorant and those too weak to resist.

If the people really felt it was wrong, then they would have done something about it (if they cared enough. And if they didn't, then there's no point to be made). In other words, they could boycott the company, give it bad press and damage its reputation, and otherwise damage the economic productivity of the company (through such actions and strikes). The real issue is that most people were willing to accept the treatment they got, or people didn't otherwise care about the treatment they got.

Except for the Pinkerton stuff, of course. Beating and shooting miners that go on strike should have been (and still be) illegal. In a free society, even moreso. If anything, it's a fine example of why the people need to have the right to keep and bear arms, not just to protect themselves against criminals, but the government as well.

Coal miners lived a bare subsistence existence. They worked long and hard, died early from accidents or negligence, and existed with disease and poverty. Even in the very first decade of the supposedly enlighted Twenty-First Century a news article on six coal miners trapped in a Utah mine collapse noted that "Government mine inspectors have issued 325 citations against the mine since January 2004, according to a quick analysis of federal Mine Safety and Health Administration online records. Of those, 116 were what the government considered "significant and substantial," meaning they are likely to cause injury." People with real choices don't often choose such employment.

They don't choose such employment? What, are they brain-washed into doing the work? They choose to work, Robert, because the alternative is worse. And though conditions can be better, I don't think they should be given such conditions, at the expense of everyone else, for free. If they want more money, or better conditions, they should work it out through the union. If they don't want to, and instead wish to suck it up and take what they have, then that's their business.

The line of reasoning you propose is exactly the one the Founding Fathers warned us of. "Hi, I'm from the government. I'm here to help." And yet, despite the money spent on the MSHA, I can see that the government citations and intervention did little to help the situation. The fundamental difference between you and I, Robert, is that you believe people are entitled to better lives, and if that means letting the government step in to force people to do so, you're fine with that. I, on the other hand, believe that people are only entitled the opportunity to live a better life. And that if they want something, they should earn it- not be given it at the expense of everyone else.

And, if you so believe in their cause and wish for more mine safety, you can donate money to the union or participate in political activities that support mine workers. You shouldn't, however, have the right to force everyone else to do the same.

Your question is twisted: "Do you honestly think every company would purposely put themselves out of business instead of compromise if the stakes are high enough?" These companies did not "put themselves out of business" and were never at any such risk. They exercised their rights to put the coal miners down and keep them there. The record is history, well known and readily available.

Irrelevant. No libertarian, or anyone who believes in freedom and liberty, can possibly say with a straight face that the businesses had the right to "put the coal miners down" through the use of force or coercion. Arguing against points or principles that have nothing to do with my position (or downright contradict it) is irrelevant to the discussion.

"Last month," continued that news story I cited about the 2006 Utah coal mine collapse on six coal miner, "inspectors cited the mine for violating a rule requiring that at least two separate passageways be designated for escape in an emergency."

"Mine safety experts also are questioning approval by the federal Mine Safety and Health Administration of retreat mining at the Crandall Canyon Mine. And last week, CNN.com reported that miners there were concerned about safety but feared reprisals if they spoke out."

Again, this is a matter of principle and beliefs. I believe they should work, be that through the media, unions, or strikes (whatever it may be), for what they want. If they are willing to take the conditions they work in, they accept the risks of such conditions (which they were well aware of). You believe that the rest of us (the taxpayers) should allow the government to force the company to implement safety measures. It, unsurprisingly, didn't do a good job.

I suppose we'll just have to agree to disagree. If we're going to argue about this, however, we may as well argue about the reasoning behind the principles you believe in. That's really the core of the argument- the difference in principle and beliefs. May as well get to the root of the problem.

precision said:
I think with recent passage of Castle Doctrine laws in many states IMO the legal winds are starting to blow in this direction. That is the automobile is an extension of ones home and thus would be off limits to search or regulation even if the automobile is parked on private property.


And no this does not extend to your person allowing you to CCW anywhere you please.

My only issue is that the line is rather arbitrary (Green Lantern apparently has the same issue). Why shouldn't it extend to your person, if it extends to your property (even if that property is on someone else's property)? The currently being drawn is rather arbitrary.

Robert said:
It's not that I want to stop you or anyone else here from doing whatever it is that makes them happy, though, so please feel free to say whatever you want. I don't even really mind if you want people to believe that employees and employers always occupy a level playing field, that it's okay for white people to discriminate against black people and equally okay for blacks to discriminate whites, or that coal miners are happy little campers who never strike against coal mine owners. Distort and twist whatever you want. This is the Internet.

That is again, an incorrect representation of my position. It should be okay for a white person to stop a black person from entering, or otherwise staying, on his PRIVATE PROPERTY. In public affairs, or public property, this is a whole different story. The issue is private property.

If you disagree with this, then tell me- should I be allowed to enter your home whenever I please? If not, why? Because you don't want me to? Because I'm not carrying? None of the reasons are any different than a white person saying, "I don't want you to come into my home." If that reason is because he is black, or because he has a bad haircut, it is the same, arbitrary, thing. If so, where do you live? :p

That said I thought I had explained carefully that people do not have any rights equivalent to those of business and property owners. It's pretty good to own a business and/or property because then you get to do whatever you want to anyone you want if that person is on your property.

Incorrect. The most you can do, unless they are threatening your life or something like that, is kick them out. You do not have the right to tie them up and hold them. You do not have a right to take their gun (if that is the issue and the gun does not belong to you). You do not have a right to deprive them of any freedom while they are on your property, unless they allow that to happen (ie. you agree to not take the gun into their home). But then, they don't have to let you on their property either.

If I don't want people smoking in my private place of business, I should have the right to say, "no smoking allowed." If you smoke, you get kicked out. So on. By entering my private property, you agree to my rules. If you don't, go ahead and leave.
 
Again ^^^^ missing the point. You don't want this ruling to stand, it's based on bad law.

I do have one question for you though. Should everyone who works for you or frequents your business have to submit to strip searches on pain of being fired or kicked out, if such request is refused? What if it's a beautiful woman and you require this search once per day? Do you get to do the search? Should that be allowed? By you? Just curious how far you are willing to carry this argument.

The government has the right to regulate businesses in this country. That is decided law. So they can forbid daily strip searches, they can prohibit searching vehicles, they can impose minimum wage laws. They can't ban guns at least Federally because of that pesky second amendment, at least that was the case before this judge decided to change that via regulation.

If one of these employers was really concerned about worker safety they would hire an armed guard (again ironic) and put them behind a metal detector to search employees as they enter the actual plant.
 
lac said:
Again ^^^^ missing the point. You don't want this ruling to stand, it's based on bad law.

My argument has less to do with the reason for the ruling than on the ruling itself, as stated. Again, I'm not interested in the ruling (at least as far as my arguments go) or the reasoning. My arguments are big picture arguments that go to the very foundations of this country and what it was supposed to be about in the first place.

I do have one question for you though. Should everyone who works for you or frequents your business have to submit to strip searches on pain of being fired or kicked out, if such request is refused? What if it's a beautiful woman and you require this search once per day? Do you get to do the search? Should that be allowed? By you? Just curious how far you are willing to carry this argument.

If the contract says that they can, and you sign that contract, then yes. The solution is obviously, to not work for employers whose contract allows them to strip search you at will, or demand that the clause be removed before you sign the contract. In other words, they can only violate your rights if you allow them to do so in the first place by signing that contract. So, if you don't want your rights violated or otherwise infringed upon, don't sign a contract that says that your employer can.

But the point you make about firing is moot. As a business owner, I should have the right to fire you when I want. It may be because you slacked off. Or it may be because I just don't like the pen you used the other day (unless of course, the contract we signed prohibits me from firing you without a good reason). The government shouldn't have any say in the matter. It shouldn't force me to hire a bunch of people of different racial and sexual backgrounds if I don't feel like they're qualified for the job. It shouldn't force me to pay you X per hour.

As far as my argument goes, I'm not "carrying" it anywhere. I am being consistent with principles I believe in, and I'm not letting my personal emotions or biases get in the way of that. Surely you know how it is- everyone's okay with banning stuff or having the government control people's lives, regardless of whether it's Constitutional or not, or whether it is consistent with a free society, until stuff THEY LIKE gets banned. Then they get riled up over it. Me- I'm not a fan of that at all, especially when people pretend to defend the rights of others. What they really mean is that they only defend rights they believe in. That- that's twisted. I may not agree with Nazi's, I may hate rapists, murderers, and terrorists, but I'll defend their right to speak and I'll defend their right to a fair trial and so on. Do you see what this is about? Defending the rights of people I may hate or disagree with. And being consistent in that and in my principles.

I don't like racists. But if a white guy won't let a black guy in his home, who am I to say he should? Should you be forced to let me in your home? Other people? My answer is no. And that should apply to everyone- no one should be forced to allow someone on their private property, regardless of the reason (if any). It shouldn't just apply to everyone except racists, or whoever it may be. And likewise, should I be forced to hire you because you're black (maybe you aren't- I'm just using that as an example) and I don't have enough black people in my work force to make it "diverse" enough?


The reason I'm not talking about the case specifically is because I'm seeing this tendency to defend gun rights while arguing for the suspension or regulation of other rights. And I don't think that's okay.

Take a look at that LEO off duty carry thread. Some people think that restricting the rights of others, simply because we don't have the same rights as accorded by law, is okay. They're willing to kill the rights of other people because they don't have them. In my opinion, that's not acceptable. No more than it is acceptable for others to restrict our rights.

The government has the right to regulate businesses in this country. That is decided law. So they can forbid daily strip searches, they can prohibit searching vehicles, they can impose minimum wage laws. They can't ban guns at least Federally because of that pesky second amendment, at least that was the case before this judge decided to change that via regulation.

The federal government has no right to regulate business outside of something like the commerce clause, for example, which is ridiculously abused today to regulate almost every aspect of our lives. So, I'm not quite sure where you got this "decided law" thing and I don't know how you've fallen under the belief that the government has the right to regulate business in this country. They may do it, but that hardly means it's right.

If one of these employers was really concerned about worker safety they would hire an armed guard (again ironic) and put them behind a metal detector to search employees as they enter the actual plant.

Or they'd let you carry. The reason for it is not particularly relevant. As much as I disagree with businesses that don't let their workers carry, I don't believe the government, or myself, has the right to force them to do otherwise. I also think it's crazy that some people here believe that the government shouldn't get control over our guns, but that they should get control over our property. You know, the stuff we spent our lives working for? The ones that we earned and rightfully own? Again, in this respect, such people are no different from gun grabbers. You want to force someone else to do something, or otherwise prevent them from doing something that doesn't harm anyone else, simply because you don't like it (note: "you" in this case is a general "you," and not directed at any specific person). I believe in defending all rights and freedoms- not just the ones I like. And I believe in defending it for everyone- not just the people I like.
 
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Much as I would like people to be able to have guns in their locked cars, I can see that this right is not guaranteed. You don't have the Constitutional right to keep a basketball in your car, either, if the property owner doesn't like it.

I completely disagree. My car is MY property, not yours. What is in my car is my business, if you choose to let me bring my car onto your property then you can't get mad about what is in it. Either forbid me from bringing it altogether or accept that I also have property rights. What is inside my car is my domain, what is inside your property lines is your domain but that doesn't extend to my property. Just becuase you let me onto your property doesn't mean you automatically get to supercede my property rights and take control of my car, does it? Sure, you can tell me to leave, but that is altogether different than violating my sphere.

btw, just because it isn't a "Constitutional" right, doesn't mean that there isn't a right existing. Remember, your rights are infinite in theory, the Constitution contains a few of the most important ones ;)
 
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