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Old February 19, 2009, 09:33 AM   #1
sundog
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10th Circuit overrules...

case involving employers banning firearms in locked vehicles.

http://www.ca10.uscourts.gov/

case 07-5166 (one the right side part way down).

Very interesting reading - especially since I live in beautiful Okie land and have been watching this unfold.
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Old February 19, 2009, 11:06 AM   #2
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A very interesting read. It looks like the 10th slapped the district court silly in their ruling.
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Old February 19, 2009, 11:24 AM   #3
Bartholomew Roberts
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The Second Amendment treated like the First Amendment, that is a nice refreshing change in jurisprudence. Although, it looks like the decision puts a great deal of power in the hands of OSHA on this matter and that may not turn out so well with a different administration.
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Old February 20, 2009, 12:34 PM   #4
brucea4
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Thanks once again NRA!!!!

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-



Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen's group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the military.
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Old February 20, 2009, 12:57 PM   #5
ZeSpectre
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Hrmmm, I wonder how this impacts the "employment agreement" I signed when I started working where I am now.
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Old February 20, 2009, 01:12 PM   #6
Tom Servo
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Hrmmm, I wonder how this impacts the "employment agreement" I signed when I started working where I am now.
I know the bill prevents arrest in such a case, but I'm not sure how it affects company policies.

We had one of these last year in my state, and I was of two minds about it. Yes, I'd like the choice of having a gun in my car (even if the employer may prohibit actual carry), but the bill has the potential to pit 2nd Amendment rights against private property rights by telling owners of property what they can and can't do. That's an awkward spot.
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Old February 20, 2009, 01:17 PM   #7
Glenn E. Meyer
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We've been up and down property rights over and over. As a business owner, you are told what to do with numerous regulations. Allowing your employees to defend themselves seems a minor theoretical violation.

Go protest the health codes. What - I have a right to have cockaroaches in the salad bar!! It's my restaurant!! Why can't I poop on my front lawn - it's a green usage of natural materials on MY PROPERTY!

Remember the employer doesn't really care about property rights - surprise - they are not paragons of Constitutional virtue. All they care about is money and potential liability.
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Old February 20, 2009, 04:52 PM   #8
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While I generally support property rights, I think the argument could easily be made that your car is your property and thusly your employer telling you what can and cannot be contained in it is a violation of your property rights as well as your 2A rights.
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Old February 20, 2009, 05:05 PM   #9
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Thanks once again NRA!!!!
I agree! Well done.
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Old February 20, 2009, 09:56 PM   #10
Tom Servo
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Why can't I poop on my front lawn - it's a green usage of natural materials on MY PROPERTY!
Well, I agree wholeheartedly, but the neighborhood association does not

While I agree that the right to life would trump property rights, it's always going to be something the other side brings up.

The other side, of course, being people who've been taking away private property rights through regulation for decades...
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