Employers can forbid guns, a judge rules, issues an injunction against OK law.

[ConstitutionCowboy]

On the other hand, the state telling anyone (large corporation or a single person) what they must allow on their property is an infringement of their property rights. That would be no different from a legal standpoint than a law saying I must allow someone with a CWL to carry a weapon in my home. Sorry, but if I don't want you to have a gun in my house I'm not going to let you in my home with a weapon- it is my property whether you like it or not.

Corporations are a construct allowed by state law(and some federal law). Corporations only have those powers granted to them by that law. Corporations do not have nor do they acquire the same "property rights" you have as a person when you own property. Corporations don't have any rights at all. If you wish to disallow anyone to bear arms on your property, it's well within your rights. 'Taint the same for corporations. Most people don't realize this.

This needs to be appealed all the way to the Supreme Court - where it should have gone in the first place due to the state being a party in the case.

Woody

"I don't like repeat offenders. I like dead offenders." Ted Nugent

 

[NikatKimber]

Does that hold the same for a privately owned business?

 

[ConstitutionCowboy]

Does that hold the same for a privately owned business?

If it is a business registered with the State of Oklahoma(has a Federal Employer Identification Number, is a sole proprietorship, partnership, LLC, etc), yes. If you are doing business out of your home, you could prohibit the carrying of arms on your property as the home owner, though.

Woody

 

[Buzzdraw]

Oklahoma SDA statutes do not have a requirement that you notify the owner of a private dwelling that you are carrying and wish to enter his premises. Some states do have this requirement.

On the other hand, the owner/tenant/etc of private property has the right to determine who is/is not permitted on their private property. Thus they can control weapons in that way, through the tresspassing statutes.

 

[ConstitutionCowboy]

PS: I Googled Kern and I find he is a Clinton appointee. Go figure.

Woody

 

[mons meg]

IANAL, but I personally think the OSHA justification for the ruling is weak, and sounds like this judge was trying to find a way to rule against OK. I think our AG would have a pretty good case on appeal at the Circuit Court. Never mind the possible Constitutional ramifications of OSHA in the first place...


As for electing federal judges directly, I don't see how that would work. Doesn't the Constitution require that the President nominate these judges and the Senate approve them? I'm not sure messing with that system is in our best interests. If you don't like judges that swing left, don't vote for a Clinton.

 

[Kid Glock]

Some may have mixed feelings about the state law requiring employers to allow weapons on their property (parking lots) but IIRC there was also the part about employers couldn't be held responsible if someone was killed or injured. Or something along those lines.

 

[Snyperc]

Any recent news about the AG appealling this? I would think the NRA and others would be all over this

 

[Buzzdraw]

I doubt if AG will have any interest. He only acts on behalf of state government, when so requested by an official of government.

The NRA got stung pretty good when the thing got whacked on appeal relative to first state law about 3 years ago.

Does someone know how to research this thing in the federal courts?

 

[NikatKimber]

The NRA got stung pretty good when the thing got whacked on appeal relative to first state law about 3 years ago.

So that's a good reason to give up?