Major Victory for American Workers' Right to Self-Defense

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twoclones

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From the NRAILA website...

Major Victory for American Workers' Right to Self-Defense

Wednesday, February 18, 2009


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-
 
I'd have to read the decision to be sure, but it sounds like what happened is the 10th Circuit upheld Oklahoma's criminal statute, meaning that employers may be prosecuted in Oklahoma -- at the District Attorney's discretion -- for prohibiting gun storage in their parking lots.

Not what I would call a "major victory." But if any other states pass a law like Oklahoma's and that state happens to be in the 10th Circuit, that state may rely on this holding if it decides to prosecute employers.
 
Good for VA!

They recently enacted this in Florida too. Big challenges came up because they wrote exceptions in the law for, who else?, Disney. An employee got fired for it and took it to court.
 
Dateline was Fairfax, Va, but that is where the NRA is.

10th circuit is Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming (source: Wikipedia). So yes, this is the correct appeals court. Probably the companies will ask it to be reheard en-banc and it will be refused. The Supreme Court would probably not take this case. So it is a victory.
 
Not what I would call a "major victory."
It may be more important than it appears, since many other states are actively considering legislation similar to that which was passed in OK. Now that this law appears viable, bills similar to it may be more likely to get floor time.
 
Small victory? Sure, but the more important aspect is the legal precedent/briefs in favor that it can set for future cases.
 
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