Employers Unnerved by Ruling Upholding the Legality of Guns in Workplace Parking
Lots
- Amid rising layoffs, federal decision highlights concern about workplace violence,
attorney says
A new ruling by a federal appeals court means managers in a growing number of states must
accept what, for many, is a troubling reality -- their employees have the legal right to keep guns
in their cars at work, even with layoffs on the rise and economic tensions running high, said
attorney James P. Anelli, an attorney in LeClairRyan's Labor and Employment Group.
On February 19, the U.S. 10th Circuit Court of Appeals reversed a District Court ruling, thereby
upholding an Oklahoma law that gave workers the right to keep guns in their locked vehicles.
"This unanimous and clearly worded ruling has broad implications for managers in the several
states that have passed laws like Oklahoma's," said Anelli, who is based in the law firm's
Newark, N.J. office. "It also could embolden pro-gun lawmakers around the country to draft
similar measures."
The aim of the Oklahoma law, introduced with the support of the National Rifle Association,
was to stop companies from banning guns in workplace parking lots. The rationale was that such
prohibitions violated employees' constitutional rights to possess and carry firearms. In October
2007, however, U.S. District Judge Terence Kern issued an injunction against the enforcement of
the state's legislation. The new law, he ruled, created an obstacle to employers charged with
maintaining safe workplaces according to requirements issued by the U.S. Occupational Health
& Safety Administration (OSHA).
In its 3-0 ruling, the appeals court cited evidence that OSHA does not regard the Oklahoma law
as being in conflict with its workplace safety provisions. "The court pointed specifically to a
January 16 letter by an acting OSHA official that signified OSHA's neutrality on the matter,"
Anelli noted. "Essentially, this ruling amounted to a clear invitation to states that have passed
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