Tenth Circuit: Oklahoma Laws Allowing Employees to Keep Guns in Parking Lot Valid

Holding:

The U.S. Court of Appeals for the Tenth Circuit has upheld the validity of the Oklahoma Self-Defense Act (“OSDA”) and the Oklahoma Firearms Act (“OFA”), laws that allow employees to store their guns in their vehicles on company parking lots. In particular, the Tenth Circuit disagreed with the holding of the U.S. District Court for the Northern District of Oklahoma that the these state laws are pre-empted by the "general duty" clause of the federal Occupational Safety and Health Act (“OSHA”). According to the Tenth Circuit, OSHA has not indicated in any way that employers should prohibit firearms from company parking lots. The Tenth Circuit noted that the OSHA is aware of the controversy surrounding firearms in the workplace and has consciously decided not to adopt a standard. Thus, the Tenth Circuit explained that while these laws may “have a ‘direct and substantial effect’ on worker safety, they cannot fairly be characterized as ‘occupational’ standards, because they regulate workers simply as members of the general public.” In this regard, the Tenth Circuit concluded that the district court’s decision interferes with Oklahoma’s police powers. In so stating, the Tenth Circuit reversed the district court’s grant of permanent injunction.

Detailed Summary:

By way of background, numerous Oklahoma businesses maintain a policy of absolute prohibition on employees’ possession of firearms on company property, a violation of which may serve as grounds for termination. After several Oklahoma employees were, in fact, discharged for storing firearms in their vehicles on company parking lots, the Oklahoma legislature amended its firearms laws.

Specifically, the legislature amended the Oklahoma Firearms Act (“OFA”) of 1971 and the Oklahoma Self-Defense Act (“OSDA”) of 1995 (collectively, “Amendments”) to prohibit property owners from banning the storage of firearms locked in vehicles located on the owner’s property.

The original amendment to the OFA…

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