Court Ruling Dovetails With Bill Allowing Workers To Store Guns In Their Vehicle At Work

Appeals court upholds Oklahoma law similar to proposed Texas legislation

Feb. 18, 2009 -- A unanimous ruling today by the U.S. Tenth Circuit Court of Appeals in Fairfax, VA. supports the intent of a bill introduced recently in the Texas Senate, aimed at allowing employees to store legally owned firearms in locked, private motor vehicles while parked in employer parking lots.

The bill, SB 730, was filed by Senator Glenn Heger (R-Katy) last week. A companion bill, HB 1301, filed in the Texas House by Stephen Frost (D-Atlanta) on Monday, is identical.

Yesterday, Heger was joined by Sen. Kevin Eltife (R-Tyler), who signed on as a co-author.

"I support SB 730 by Sen. Hegar, and in fact, have signed on to the legislation as a co-author." Eltife said. "Many of my constituents travel long distances to work and I believe they should not be prohibited from keeping a firearm in their vehicle while at their place of employment."

He said the same legislation was introduced in 2007, but did not gain passage.

The ruling handed down today in Virginia upheld a similar amendment passed in 2004 by the Oklahoma legislature. That law holds employers criminally liable for prohibiting employees from storing firearms in locked vehicles on company property.


A number of Oklahoma corporations filed suit opposing the law, calling it an unconstitutional taking of private property. They also claimed the law was preempted by federal statutes.

The lower court in Oklahoma sided with the corporations, granting a permanent injunction against the law in it's ruling.

That ruling was in turn challenged by Oklahoma Gov. Brad Henry and Attorney General Drew Edmondson, who in October 2008 appealed to the Tenth Circuit Court of Appeals.

Today's ruling reversed the lower court’s decision, and immediately drew praise from gun rights advocates across the country, including the National Rifle Association.

“This is a victory for the millions of American workers who have been denied the right to protect themselves while commuting between their homes and their workplace,” said NRA Executive Vice President Wayne LaPierre. “This effort was aimed at skirting the will of the American people, and the intent of legislatures across this country while eviscerating Right-to-Carry laws. This ruling is a slap at the corporate elitists who have no regard for the constitutional rights of law abiding American workers.”