Oklahoma Parking Lot Protection Law

A few years back, Weyerhauser searched the cars of employees in the parking lot. Employees were told that if they didn't consent to a search, they would be fired. Eight employees with rifles in their car (apparently it was the start of hunting season) were fired.

In response, Oklahoma passed a law that prohibited employers from imposing a "no firearms" rule in parking lots that were open to the public, if the car was locked.

According to this article in the October 6, 2007 Tulsa World, a federal judge has ruled that employers are not just allowed to have a "no firearms" rule, but seem to be required to do so by federal law:

U.S. District Judge Terence Kern issued a permanent injunction against an Oklahoma law that would have kept employers from banning firearms at the workplace under certain conditions.

Kern decided in a 93-page written order issued Thursday that the amendments to the Oklahoma Firearms Act and the Oklahoma Self-Defense Act, which were to go into effect in 2004, conflict with a federal law meant to protect employees at their jobs.

Kern said the amendments "criminally prohibit an effective method of reducing gun-related workplace injuries and cannot co-exist with federal obligations and objectives."

...
Kern concluded that the proposed changes to Oklahoma law conflict with -- and are legally pre-empted by -- the 1970 Occupational Health and Safety Act.

That federal law requires employers to lessen hazards in their workplaces that could lead to death or serious bodily harm. The measure also encourages employers to prevent gun-related workplace injuries.

I have some misgivings about the government telling private employers what rules they can have, for the same reason that I would be upset if the government told me that I had to allow anyone that wanted to walk about my property with a gun. But I am not at all impressed with anyone who makes this argument while using the 1970 OSHA law as the excuse--because that also told employers what they could do on their own land. OSHA was well-intentioned, and probably has saved lives, but the same could be said for Oklahoma's statute protecting the right of employees to have a gun in their car in the parking lot.

At the same time, I am very sympathetic to employees who drive to and from work, and are effectively prohibited from defending themselves because they can't have a gun in their car. I live somewhere very safe, so I don't worry too much about this, but there are plenty of people who are not so fortunate.

It would be nice to get Congress to pass a clarifying amendment to the OSHA statute to clarify that this was not the intent--but I rather doubt that this has any chance until the Democrats no longer control both houses.

Thanks to Arms and the Law for bringing this to my attention.