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Gun law gets its day in court
By ROBERT BOCZKIEWICZ World Correspondent
Published:
11/20/2008 2:14 AM
Last Modified: 11/20/2008 2:55 AM
DENVER — A lawyer who represents the National Rifle Association represented Oklahoma's governor and attorney general Wednesday in support of a controversial state gun-rights law.
The law requires employers to allow workers to have guns in locked vehicles where they work. It was struck down 13 months ago by U.S. District Judge Terence Kern in Tulsa.
In arguments Wednesday at the federal appeals court in Denver, lawyer Charles Cooper argued on behalf of Gov. Brad Henry and Attorney General Drew Edmondson that Kern was wrong.
Cooper said his Washington, D.C., law firm earlier this year also supported the state law in written arguments for the NRA as a "friend of the court."
Cooper said Edmondson, rather than having his staff argue on behalf of the state, as is typical, appointed him as a special assistant attorney general to make the arguments.
Tulsa attorney Steven Broussard, on behalf of ConocoPhillips and other employers, argued the law requires employers to allow anyone — not just employees — onto workplace property with guns locked in their vehicles.
Because of that, the law takes away the right of employers to fully control their own property, Broussard said. "We want to protect our employees."
In earlier written arguments, Broussard said the law therefore constitutes "an unconstitutional taking of (employers') property" and their right to exclude anyone from their property.
Cooper contended that Kern wrongly concluded the federal Occupational Safety and Health Act pre-empts the state law.
He said OSHA is meant to require employers to maintain safe workplaces involving conditions over which employers have control.
"Employers have no control over random acts of violence that could occur anywhere," Cooper told a three-judge panel of the court.
Several employers, seeking to have the law struck down, sued the governor and attorney general after legislators passed the law in two stages in 2004 and 2005.
The law was passed in response to Weyerhauser Corp. firing eight workers at a timber mill in southeastern Oklahoma.
The workers had guns in their vehicles at the mill in violation of Weyerhauser policy.
Rep. Jerry Ellis, D-Valliant, a principal author of the gun-rights law, has said disgruntled workers who shoot people in the workplace are going to do so no matter what laws are enacted.
The appeals court, under its typical schedule, is likely to decide next year whether Kern was right to have issued a court order barring the state officials from enforcing the law.
The judges did not tip their hands Wednesday, but one of them, Bobby Baldock, said, "I've got a problem" with Kern's ruling that OSHA pre-empts the law.
Cooper said his law firm, which has represented the NRA in several cases, worked together with Edmondson's office in appealing Kern's decision, leading the attorney general to pick Cooper to argue on behalf of the state officials.
Cooper said the state of Oklahoma is not paying him for his work. "The taxpayers of Oklahoma are getting a good deal," Cooper said.
He declined to say whether the NRA is paying him to argue on behalf of Henry and Edmondson.
He said he and his law firm specialize in constitutional law and have represented clients "in a lot of cases like this."
Edmondson's spokesman Charlie Price said, "When the NRA offered his services (to the attorney general), we thought it was a good idea for the state to avail itself of that expertise."
"Generally, to get an expert to work on your side is a good thing," Price said, confirming Wednesday that the state is not paying Cooper for his work in the case.
By ROBERT BOCZKIEWICZ World Correspondent
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Ron B
, (11/20/2008 2:30:55 AM)
This law will protect individual rights. People, especially those with concealed carry permits, should be allowed to keep their guns locked inside their vehicle while at work. Those who feel this presents a greater danger need to realize that a person bent on shooting up his or her workplace will not be detered by a company rule banning guns in cars. In fact, the owner of Barrett Firearms allows employees with permits to carry while at work. He seems to realize that a "Gun-Free Zone" is a dangerous place...this allows a would-be shooter to know he will have nothing but unarmed victims. The gun grabbers seem to want to compile the number of guns into one total, but the number of guns in the hands of law-abiding citizens does not create more danger. One gun in the hands of a potential killer poses more threat than 100 guns in the hands of law-abiding citizens. This law needs to be upheld.
Report Comment
H_Harl
, (11/20/2008 3:02:37 AM)
purdy....we don't have too many guns. we have too many criminals.
Report Comment
Oso Grande
, (11/20/2008 3:08:12 AM)
There are never too many guns. Just too many idiots behind the guns. If you can pass the requirements for a concealed carry permit then you have proven yourself capable of carrying a weapon. i myself prefer an armed society. Look at the crime statistics in areas that have concealed carry compared to those that do not. Research the number of gun crimes commited by those who carry legally. Before anybody wants me to post the data myself. You have a computer and a search engine use it.
To quote an old saying "When guns are outlawed only outlaws will have guns."
BELIEVE IT
We have a shortage of law enforcement nationwide, but an excess of laws.
Report Comment
Oso Grande
, (11/20/2008 3:11:39 AM)
If they are criminal then chances are they should not have a weapon to begin with.
Report Comment
CenterLine
, (11/20/2008 5:56:02 AM)
The whole term "Criminal" dictates that they will have guns, will have them illegally, will not care about any companys policy, and first and formost will probably not be going to "work". Unless of course it is to work on taking something from unarmed citizens.
The frontline to any individuals protection is their ability to protect theirselves. All the legislation in the world will not help them one bit. It is just the opposite, seems more and more laws are passed to deny the competent, legal gun owner from protecting himself, especially at work.
If we, as responsible citizens, were allowed to defend our family and friends as we should be, the prisons and courts would not be filled to capacity and the criminal head count would be significantly lower.
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my view
, America (11/20/2008 6:09:43 AM)
The arguement that ConocoPhillips wants to control their property is mute. Private property owners have local, state and federal regulation now on what they can or can not do with their property as it is.
Kerns ruling was base mostly on the Occupation Safety and Health Act (OSHA). Gun deaths at the workplace are low, you have a greater chance of dying by a fall. Guns get the press falls do not.
ConocoPhillips also argues liability if a gun is used on their property. The state legislation passed a law in 2005 that exempted employers from leagal liability if a gun stored in a employee's vehicle wore used in a workplace incident. Jerry Ellis (D-Valliant) the author of the bill said Kerns ruling made it impossible for employee's to protect themselves going to and from work. Statistic's show most gun deaths at the workplace are at hands of non-employee's not employee's of the company.
The state is being represented by heavy hitter Charles Cooper. National Law Journal named him one of the 10 best civil litigatiors in Washington D.C. He as made several appearance before the US Supreme court. Cooper is a lawyer for the National Rifle Asso. and you can bet they are paying him for his service representing the state in this matter. So the we are getting bargain.
Steven Broussard repersenting ConocoPhillips is recongnized as Oklahoma super lawyer for litiation 2006/2007.
This should be interesting see how it turns out. My thinking is that U.S Judge Terence Kern will be overturned. Then it will head to the US Supreme Court. Cooper has worked with Chief Justice John Roberts and Samuel Alito in the past. Should be interesting to say the least.
I'm on the side of the employee's right to store weapons in the vehicle while at work. If they have conceal weapons permits, they have been vetted by local, state and federal law inforcement agency's.
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Michael Phillips
, Tulsa (11/20/2008 6:34:41 AM)
I am now better prepared when someone tells me the NRA isn't doing enough to help protect the second amendment. I am glad this issue is finally being dealt with.
Report Comment
Travis
, Tahlequah (11/20/2008 7:04:54 AM)
Judge Kern's ruling should be overturned. By not allowing employees the right to have guns in their locked cars on company property employers are doing exactly the opposite of what they claim. The work environment is less safe because anyone with bad intentions knows there will be no one shooting back. The employee is also at greater risk traveling to and from work because they must be unarmed and not all areas we travel through are "nice". Anybody with a concealed carry permit should be allowed to carry and leave the gun in their car if the employer does not want a gun in their building.
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my view
, America (11/20/2008 8:21:31 AM)
Jim Purdy,
You take things to the extreme. Let's take it a little further. A armed society is a polite society. If you mean fewer guns in the hand of the criminals I'm for it. If you mean fewer guns in the hands of honest citizens, then you need a course in the second amendment.
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Innocent bystander
, (11/20/2008 8:37:13 AM)
Your vehicle is YOUR private property. Company's have no right to tell you what you can or can not have in your Private vehicle!!! I am boycotting ConocoPhillips and the others that filed suit. If you value your RIGHTS please join me.
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my view
, America (11/20/2008 8:51:13 AM)
Innocent bystander,
The National Rifle Asso. called for a boycott against ConocoPhillips, August 2 2005, just a little info.
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born okay the 1st time
, tulsa (11/20/2008 9:06:03 AM)
It never fails to amaze me how others think their beliefs supersede others' rights.
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Sport
, Edmond (11/20/2008 9:21:26 AM)
I'm not sure a gun in a locked vehicle is going to be of much use in a workplace shooting, By the time the person retrieves it from his vehicle, the shooting will likely have ended, and the person will either be shot by police or, if he's lucky, waved off.
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Innocent bystander
, (11/20/2008 9:36:06 AM)
my view,
Yes, I have been boycotting ConocoPhillips since they filed suit. I wrote the Chairman of CononcoPhillips asking him to drop the suit because I almost ran out of gas on the turnpike since I refuse to buy their gas. Funny, I never heard back from him. I thought liberals cared!!!
Report Comment
Biker Patriot
, Broken Arrow (11/20/2008 9:53:21 AM)
Concealed means concealed...
Report Comment
my view
, America (11/20/2008 10:00:33 AM)
Innocent bystander,
Your my kind of person stand by your convictions even when it means walking. Good for you.
Report Comment
Jay of Tulsa
, (11/20/2008 10:11:17 AM)
Biker....
You are 100% correct!!
If your employer finds out that you have gun in your car (understanding that you have your CCW)...shame on you for running your mouth.
Report Comment
Michael Phillips
, Tulsa (11/20/2008 10:17:52 AM)
Innocent bystander, you're so right. I attended the rally in Idabel on August 1, 2005. There was a big crowd there to listen to the story the dozen people who had lost their jobs because of the surprise inspection of cars at Weyerhaeuser. Their story was unbelievable. I haven't been in a ConocoPhillips station since, and I don't care if I ever visit one again.
Report Comment
Michael Phillips
, Tulsa (11/20/2008 11:36:22 AM)
Keeping a secret wasn't necessary for the employees at Weyerhaeuser. The company had dogs that sniffed out the guns. One man had borrowed his father's car and there was a hunting rifle in the trunk that he didn't know about. He didn't even know there was a secret to keep, until he was ordered to open the trunk. Another man refused to open his car because he knew he had a gun in the glove compartment. Both of those men and ten others were fired on the spot. All 12 claimed there was never any prior notice given that a person's job would be forfeited for having a gun in his car.
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my view
, America (11/20/2008 12:14:32 PM)
It a shame that Article 4 of the United States Constitution does not pertain to employers, it only pertains to the government. If it did those employee's at Weyerhaeuser could have told the company...to go pound sand. Whether I had scratch marks on my car to begin with, I swear the flea-bag they employed did it.
Report Comment
Jay of Tulsa
, (11/20/2008 12:17:59 PM)
If you have your CCW permit, you can have it on your person. come-on JAD-wake up.
Report Comment
Son of Liberty
, Tulsa (11/20/2008 12:52:49 PM)
I'm torn on this issue. On one hand I am a big defender of the 2nd Amendment. On the other hand I also claim to acknowledge property rights.
So while I should be able to have my weapon in the car with my concealed carry permit, the parking lot is my employers property and he, as the property owner, can tell me if I can or cannot park there (for whatever reason).
While our right to keep and bear arms is VERY important to our freedoms, so are property rights.
Report Comment
Missy M
, Depew (11/20/2008 2:10:21 PM)
With the son of liberty,I have to say that if you have a license to carry a gun(CONCEALED) then its noones business.
Report Comment
OkieGrump
, Okmulgee (11/20/2008 2:52:15 PM)
Joe, you are wrong in your last statement. It is perfectly legal for anyone with a Concealed Carry Permit to have a weapon in the passenger area of the vehicle. Even if the person does not have a permit, a weapon, ie. a shotgun in a case laying on the back seat is not illegal if it is unloaded and there is no ammunition within easy access.
Report Comment
OkieGrump
, Okmulgee (11/20/2008 2:53:06 PM)
Joe, you are wrong in your last statement. It is perfectly legal for anyone with a Concealed Carry Permit to have a weapon in the passenger area of the vehicle. Even if the person does not have a permit, a weapon, ie. a shotgun in a case laying on the back seat is not illegal if it is unloaded and there is no ammunition within easy access.
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