Friday, February 20, 2009

Tenth Circuit upholds guns-in-vehicles law

In a follow-up to this post, the Tenth Circuit has upheld the Oklahoma law prohibiting employers from banning guns in employees' locked vehicles:
DENVER — Oklahoma's law requiring employers to allow workers to have guns in their locked vehicles at work is valid, an appeals court decided Wednesday.

The decision by the Denver-based court overturns a court order by a judge in Tulsa who in 2007 barred enforcement of the law.

A panel of the 10th U.S. Circuit Court of Appeals decided 3-0 that U.S. District Judge Terrence Kern erred in concluding that the law is pre-empted by the federal Occupational Safety and Health Act.

The appellate judges said Kern's ruling "interferes with Oklahoma's police powers and essentially promulgates a court-made safety standard — a standard that OSHA (the Occupational Safety and Health Administration) has explicitly refrained from implementing on its own. Such action is beyond the province of federal courts." ...

Article here.

Read the appeals court opinion here.

[via How Appealing]

No comments: