Oklahoma AG: Law Allowing Guns in Vehicles at Workplaces Will Stand

May 22, 2009

A 10th Circuit Court of Appeals ruling that allows Oklahomans to store firearms in locked vehicles parked on company property will stand after the filing deadline passed for further legal appeals, Attorney General Drew Edmondson announced.

Edmondson’s office, in partnership with the National Rifle Association (NRA), defended the constitutionality of two Oklahoma gun laws that prohibit businesses from forbidding their employees to store firearms in locked vehicles parked on company property.

A federal lawsuit filed in 2004 claimed the statutes were unconstitutional and preempted by federal statutes. The federal district court rejected the plaintiffs’ constitutional arguments but found that the statutes were preempted by the Occupational Health and Safety Act (OSHA).

Edmondson and the NRA then took the case to the 10th Circuit Court of Appeals, asking the circuit court to overturn the lower court’s OSHA preemption ruling.

Earlier this year, the court granted Edmondson’s request and reversed the district court’s decision regarding OSHA.

The plaintiffs, Ramsey Winch Inc., Auto Crane Co., ConocoPhillips, Norris, DP Manufacturing Inc., and Tulsa Winch Inc., could have appealed the ruling to the United States Supreme Court within 90 days, but that has deadline passed.

“We will continue to vigorously defend the Second Amendment right of every American to keep and bear arms,” Edmondson said. “I am grateful to the NRA for their expertise and support in this effort.”

Source: Oklahoma Attorney General’s Office

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