Court allows Oklahoma workers to have guns in vehicles

DENVER — An appeals court said Wednesday that Oklahoma’s law allowing employees to have guns at work in their locked vehicles is valid.

The Denver-based court’s decision overturns a ruling by U.S. District Judge Terence Kern in Tulsa, who barred enforcement of the law.

Gov. Brad Henry and Attorney General Drew Edmondson appealed Kern’s 2007 ruling.

"It was our opinion that the law is constitutional and the court agreed with us today,” Edmondson spokesman Charlie Price said. "We are thankful for the assistance of the National Rifle Association and its counsel — they provided great help.”

Starting with a 2004 lawsuit, several companies challenged the law, including Weyerhauser Corp.; Whirlpool Corp., which later dropped out; and more recently, ConocoPhillips.

"The safety of our employees is a top priority of ConocoPhillips and we are disappointed with today’s decision,” said company spokesman Rich Johnson, adding that the company has not determined whether to appeal.

The ruling

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

Kern said gun-related workplace violence was a "recognized hazard” under the act and the state law interfered with employers’ ability to comply with the act.

"We disagree,” the appellate judges in Denver wrote. "OSHA is aware of the controversy surrounding firearms in the workplace and has consciously decided not to adopt a standard (banning firearms from the workplace).”

The appellate judges said Kern’s ruling "interferes with Oklahoma’s police powers and essentially promulgates a court-made safety standard. ... Such action is beyond the province of federal courts.”

Edmondson, in an unusual step, had an attorney for the rifle association instead one of his own lawyers argue the case at the appeals court. The court had allowed the NRA to submit arguments as a "friend of the court.”

The court allowed the Brady Center to Prevent Gun Violence and several safety and business groups to submit arguments as friends of the court in support of Kern’s ruling.

The law

The law, which allows nonfelons to lock legal guns in their vehicles while parked at work, was passed in two stages in 2004 and 2005.

The law was proposed by legislators after Weyerhauser reportedly fired eight workers who violated policy by having guns in their vehicles at a mill in southeastern Oklahoma.