Saturday, February 21, 2009

Tenth Circuit Ruled For Guns At The Job

Oklahoma had passed a law making it unlawful for business owners to prevent workers from storing guns in workers' locked cars on the property of business owners. Businesses brought suit in the Northern District of Oklahoma and won a permanent block on enforcing the Oklahoma law. The lower court argued that the law is preempted by federal law, and specifically regulations dealing with work place safety (Occupational Health and Safety Act of 1970). The lower court also heard arguments that the Oklahoma law was an unconstitutional taking of property because business owners were deprived the ability to regulate who may enter upon of their property. The lower court dismissed that claim.

On February 18, 2009, the US Tenth Circuit Court of Appeals reversed the lower court. You may read the opinion here.

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