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9/22/2017 12:11:25 AM
Posted: 8/2/2005 10:21:07 AM EDT
I've been reading some of the articles on the whole Conoco dispute and their attempts to block Oklahoma's law protecting the rights of employees to bring guns onto company parking lots. From what I gather, a federal court has blocked the law. Do any of the lawyers here know what grounds a federal court has to block a law of this kinds? Off the top of my head, I cannot think of any grounds a federal court would have to block such a law. What is it that Conoco is alleging that got them into federal court and got them the injunction?

Link Posted: 8/2/2005 11:08:24 AM EDT
knee=jerk answer is "inter state commerce"....... that's what they use to stick their nose into everything else....

I believe the NRA is also weighing in on it.
Link Posted: 8/2/2005 11:13:11 AM EDT
interstate commerce is what gives Congress the authority to stick its nose into everything. There is a doctrine called the negative commerce clause, which could be used by a court to suspend a state law like this, but that doctrine is almost never used, and I cannot see how a parking lot would fit under the elements of the negative commerce clase.

By way of example, I once asked my Constitutional law professor a question about the negative commerce clause, and his response was that "life's too short to worry about that clause." In other words, don't worry because you'll never see it in your career.
Link Posted: 8/2/2005 11:32:06 AM EDT

The restraining order stemmed from a federal lawsuit filed by the energy companies alleging the legislation, which amended Oklahoma's Firearms Act of 1971 and the Self-Defense Act of 1985, would advance no state interest and constitute an illegal taking of their property by requiring them to permit weapons in their parking lots.




news.findlaw.com/andrews/pl/gun/20050715/20050715oklahoma.html
Link Posted: 8/2/2005 11:39:24 AM EDT

Originally Posted By FLAL1A:

The restraining order stemmed from a federal lawsuit filed by the energy companies alleging the legislation, which amended Oklahoma's Firearms Act of 1971 and the Self-Defense Act of 1985, would advance no state interest and constitute an illegal taking of their property by requiring them to permit weapons in their parking lots.




news.findlaw.com/andrews/pl/gun/20050715/20050715oklahoma.html



WOW! They actually tried to use the takings clause on this!?! Now I admit that my takings clause knowledge is limited to one class in lawschool taken about 3 years ago, but IIRC Conoco would essentially have to argue that the law rendered its property worthless. The courts routinely uphold much more severe property restriction on environmental grounds, ect.... That's not even getting into the public policy issues. Protection from crime is a well recognized public policy interest of the state. I suspect Conoco is going to lose hard on this one.
Link Posted: 8/2/2005 11:57:16 AM EDT
When I worked for Circle K/Tosco pre-Phillips/Conoco, they tried to enforce a policy of no guns in your own vehicle on their property. I always locked it in a safe mounted in the car and left a box full of spent brass on the seat. If they walked puppy dog around, of course they would smell powder. If they wanted to search, I was ready to kiss the job goodbye if needed.

It was on the books but never really enforced.

That said, McDonell Douglas/Boeing and Honeywell tried the same BS. I have been known to carry inside the buildings at my discretion and never really worried about it. Several people had a feeling I carried and my really close friend who I met before I started there, knew I carried. Hell, he carried himself.

It's your property (vehicle) and you should be able to have whatever you want in it, with respect to it's legal status (contraband). F-EM! I'd do it and be ready to kiss off the job if needed. You can always get another job, you can't get another life cycle if you are dead.

BTW, I usually carry where ever I'm not subject to a metal detector. Everywhere.
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