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Employers can forbid guns, a judge rules
The Tulsa World ^ | Oct. 7, 2007 | David Harper

Posted on 10/07/2007 7:54:27 AM PDT by 2Am4Sure

A Tulsa federal judge has ruled against the state in its attempt to make sure employees can take guns onto their employers' property.

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."

(Excerpt) Read more at tulsaworld.com ...


TOPICS: Miscellaneous; News/Current Events; US: Oklahoma
KEYWORDS: 2ndamendment; banglist; rkba; ruling
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To: Beagle8U

To which my family has been instructed to write in:

“None of your d**n business”


41 posted on 10/07/2007 8:43:51 AM PDT by taxcontrol
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To: Beagle8U

Hmmm...having all those guns in a court room isnt very safe either...


42 posted on 10/07/2007 8:44:44 AM PDT by Crim (Dont frak with the Zeitgeist....)
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To: Beagle8U

* Buy


43 posted on 10/07/2007 8:46:46 AM PDT by Beagle8U (FreeRepublic -- One stop shopping ....... Its the Conservative Super WalMart for news .)
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To: BearCub
If I'm ever mugged on my way to/from work, my employer is #1 on the lawsuit list. I drive through a pretty lousy part of town twice a day. I'm unarmed because of my employer's policy.

Does your employer force you to park your car on his property?
44 posted on 10/07/2007 8:47:41 AM PDT by drjimmy
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To: 2Am4Sure
Personally, I think you should be able to carry anywhere.

However, employers have the right to have conditions of employment. If you don't like those conditions, don't work there.

The same attitude with smoking. If the establishment does not want smokers in/on his premises, that is his choice.

However, screw all the silly laws that dictate/mandate rules and conditions in the private sector. I am extremely Conservative and I hate the government. Leave us alone and let us manage our own lives.

(BTW, I carry, and smoke.)
Photo Sharing and Video Hosting at PhotobucketPhoto Sharing and Video Hosting at Photobucket

45 posted on 10/07/2007 8:48:25 AM PDT by Cobra64 (www.BulletBras.net)
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To: NCLaw441
Should we also protect the right of the employer to discriminate on the basis of race or religion?

The thesis is the existence of guns constitutes the primary hazard, ignoring the widely available evidence to the contrary.

46 posted on 10/07/2007 8:51:41 AM PDT by no-s
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To: taxcontrol
"1) The employer has no right to forbid firearms inside the person’s car as that is their private property."

Until the employee drives onto the private property of the employer. Check your guns at the factory gate, my friend.

"2) The employer assumes full responsibility for their disarming policies."

No can do. The employer is simply following OSHA safety guidelines (federal law) which says that the presence of guns represent a hazardous working environment.

Demonstrate that the presence of guns actually contributes to worker safety and watch the fun and games begin as it will then be a federal requirement to arm yourself at work!

47 posted on 10/07/2007 8:52:10 AM PDT by robertpaulsen
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To: drjimmy
Does your employer force you to park your car on his property?

Well... No but two things:

(1) There is literally nowhere else to park (unless I park in another office building's visitor lot and risk getting towed).

(2) It's not my employer's lot. It's a multi-tenant office building and the building doesn't care if you have a gun in your car.

My company's policy is that we can't have guns on employer-owned or leased property OR on property owned by customers or vendors. They consider the office building a vendor for purposes of this rule. It's horsecrap but since we're in an 'at will' state, they can fire us for any reason or no reason, which is exactly what would happen if they found out someone was carrying in their car.

48 posted on 10/07/2007 8:55:52 AM PDT by BearCub
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To: calex59
"You can't be so stupid as to believe any empolyer has the right to tell employees what they can do in their own home, or on their own time, as a condition of employment"

Like smoking? Illegal drug use?

49 posted on 10/07/2007 8:56:04 AM PDT by robertpaulsen
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To: calex59
You can't be so stupid as to believe any empolyer has the right to tell employees what they can do in their own home, or on their own time, as a condition of employment.

Wasn't there some employer somewhere who required his smoking employees to stop smoking or they'd be fired?

I believe that survived a legal challenge too...

50 posted on 10/07/2007 8:58:17 AM PDT by KenHorse (It may be the only purpose of your life is to serve as a warning to others)
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To: KenHorse
Wasn't there some employer somewhere who required his smoking employees to stop smoking or they'd be fired?

Yup. The gist of the deal was that since the employer was paying for the health insurance they could prohibit risky behavior. I have no huge problem with that but people should be able to opt out of the rule by payng their own insurance premiums.

All you people that cheered this one had better watch out. Employers are going to start regulating our eating habits and sexual activity soon. Mark my words.

51 posted on 10/07/2007 9:00:45 AM PDT by BearCub
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To: robertpaulsen
The problem comes not from a no guns rule in the workplace, but rather the no guns in the private auto that they invited to park on company property.

They would have more of a case IF they charged to park in the lot.

That would create a defacto contract that could have rules to comply.

52 posted on 10/07/2007 9:01:36 AM PDT by Beagle8U (FreeRepublic -- One stop shopping ....... Its the Conservative Super WalMart for news .)
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To: SheLion

PING!


53 posted on 10/07/2007 9:03:43 AM PDT by RandallFlagg (Satisfaction was my sin)
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To: BearCub
The gist of the deal was that since the employer was paying for the health insurance they could prohibit risky behavior.

I think everyone should have a problem with that.
Then, they go after folks who ride motorcycles. Then people who like to go skiing. Then those who hunt, or boat, or hang-glide, etc...

Of course, they'd NEVER go after one certain kind of risky behavior that occurs between people in the gay population.
54 posted on 10/07/2007 9:10:18 AM PDT by RandallFlagg (Satisfaction was my sin)
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To: robertpaulsen
I don’t think I need any forms saying I keep my guns locked and unloaded!

An unloaded gun is a club. Mine are loaded unless they are not going to be used in the near future.

Everything outside the gun cabinet is loaded. (I have no kids in the home to worry about.)

55 posted on 10/07/2007 9:10:51 AM PDT by Beagle8U (FreeRepublic -- One stop shopping ....... Its the Conservative Super WalMart for news .)
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To: coloradan

Yep .....paper laws stop jacketed bullets every time.

This judge is an idiot...


56 posted on 10/07/2007 9:12:53 AM PDT by Squantos (Be polite. Be professional. But, have a plan to kill everyone you meet. ©)
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To: RandallFlagg

My employer charges smokers more than non-smokers for insurance. They do it in the form of a ‘discount’ for not not smoking. Lying about it is a firing offense. To their credit, they provide a free smoking cessation program that provides a full course of patches or gum.


57 posted on 10/07/2007 9:13:12 AM PDT by BearCub
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To: Beagle8U
Regardless of of the Constitution or bill of rights?

The Constitution and Bill of Rights applies to government, not to private entities. One exception would be the 18th amendment. The only one to ever be repealed.

I guess it can be argued that section 2 of the 21st amendment, the first section of which repealed the 18th, does apply to private entities, because it prohibits actions by those entities, rather than giving government the power to prohibit those actions (importing booze into states where it's illegal).

58 posted on 10/07/2007 9:13:43 AM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: 2Am4Sure
There are job sites that only a fool who thinks the constitution is a suicide pact would allow any employee to carry a gun anywhere they want. Most banks have central vaults in which large amounts of money are processed, several million in cash, only the security guards assigned to the vault were allowed carry weapons in the vault where I worked. I supported the surveillance equipment at the site a regularly observed people doing stupid to try to steel the money. I don't want the janitors and the guy who fills the candy machine carrying a gun.
59 posted on 10/07/2007 9:15:44 AM PDT by ThomasThomas
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To: BearCub

Mine’s the same.


60 posted on 10/07/2007 9:16:06 AM PDT by RandallFlagg (Satisfaction was my sin)
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