Does that mean this applies everywhere now....?

This is a discussion on Does that mean this applies everywhere now....? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; See the Federal Court decision here: NRA-ILA :: Federal Court Sides With NRA and Workers Since it was a federal court, does that mean this ...

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Thread: Does that mean this applies everywhere now....?

  1. #1
    New Member Array vb911's Avatar
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    Does that mean this applies everywhere now....?

    See the Federal Court decision here: NRA-ILA :: Federal Court Sides With NRA and Workers

    Since it was a federal court, does that mean this precedent applies everywhere or just in Oklahoma?

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    Senior Member Array InspectorGadget's Avatar
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    On the surface it strikes a specific law, but this Federal Ruling can be used as precedence in cases in other states. If your state does not have a law like this on the books (We in Florida do.) then the ruling may not affect you directly. Sounds like a test case in the making.
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    First off, welcome to the forum.

    As to the ruling it only applies to Oklahoma.

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    VIP Member Array matiki's Avatar
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    For six states, it sets precedence that the law cannot be stricken down citing OSHA's general duty clause.

    Those states are: Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah.

    I believe Yellowstone park falls under their jurisdiction as well.
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    VIP Member Array AllAmerican's Avatar
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    Lets hope this can be brought up in the Carolinas.
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    Distinguished Member Array T Bone's Avatar
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    Quote Originally Posted by archer51 View Post
    First off, welcome to the forum.

    As to the ruling it only applies to Oklahoma.
    You are correct that it only applies to Oklahoma (perhaps by extension to other States like Florida with a similar law), but I also found this statement encouraging
    NRA is prepared to defend this right and to ensure the safety of every American worker.
    Sort of sounds to me like they may think it could also apply elsewhere (while the appeals court upheld a law, did they also reaffirm a right, one which would be extended elsewhere regardless of whether such a State law existed?).
    Regards, T Bone.


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    VIP Member Array matiki's Avatar
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    Quote Originally Posted by T Bone View Post
    You are correct that it only applies to Oklahoma (perhaps by extension to other States like Florida with a similar law), but I also found this statement encouraging
    Sort of sounds to me like they may think it could also apply elsewhere (while the appeals court upheld a law, did they also reaffirm a right, one which would be extended elsewhere regardless of whether such a State law existed?).
    I'll only caution that they did not address rights of gun owners (therefore they did not affirm a right).

    They affirmed the right of a State (Oklahoma) to pass a law forcing employers to allow their employees to keep weapons in their car, even on the companies property when it would otherwise have been against company policy.

    There were several questions the appeals court answered, the two most pivotal of which were whether or not this was an unconstitutional taking (from the employers) - it was affirmed that it was not, and whether or not OSHA's general duty clause required employers to keep weapons out of their parking lots. The lower court had ruled that the general duty clause was the basis for nullifying the law, and the appeals court ruled that they were incorrect.

    The result is a precedent for the courts in the appeals path (mentioned in my previous post).

    This is not a sweeping precedent, it is narrow, and it provides for the possibility that OSHA specifically address firearms as a workplace safety issue and the precedent in regards to the general duty clause would reverse future findings.

    In other words, if OSHA says it's best practice for employers to prohibit firearms in the parking lot, game over (based on this precedent).

    I'm not a lawyer, so I'm sure I missed many of the finer points of the ruling, but I'm pretty sure I got the nuts and bolts.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

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    Distinguished Member Array T Bone's Avatar
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    Thanks for the clarification and added information! The points addressed by the court obviously ARE quite specific, and apply only there. A victory (for now at least!) for Oklahomans!
    Regards, T Bone.


    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety". Benjamin Franklin

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    Senior Member Array highvoltage's Avatar
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    Quote Originally Posted by InspectorGadget View Post
    On the surface it strikes a specific law, but this Federal Ruling can be used as precedence in cases in other states. If your state does not have a law like this on the books (We in Florida do)..
    Not any more, yours was struck down last summer:

    Jackson Lewis - Florida Federal Court Rules Employees May Leave Guns in Cars While at Work

    If I'm reading this correctly.

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    VIP Member Array matiki's Avatar
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    Quote Originally Posted by T Bone View Post
    Thanks for the clarification and added information! The points addressed by the court obviously ARE quite specific, and apply only there. A victory (for now at least!) for Oklahoma's!
    Hopefully OSHA will continue to stay out of firearms related recommendations. We can only hope the new administration doesn't force them to address it.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

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    VIP Member Array Eagleks's Avatar
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    Kansas... is a 'right to work' state, which means they can fire you for anything.... so if they don't want you to have a gun, find you have one in your car, they can fire you and make it for any excuse they want.

    Also, in Kansas.... if the Employer has a "policy" against it.... your are had. We're trying to get it changed..... more like Oklahoma's... where it is recognized as a "right" that an employer cannot infringe on.

    Oklahoma law-makers, deserve some applause for their work there.

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