May Employers Be Forced to Allow Employees to Store Weapons on Employer Property?

In Ramsey Winch Inc. v. Henry, the Tenth Circuit (the federal court having jurisdiction over Utah) ruled last week that a district court had erred when it held that a newly enacted Oklahoma statute making it a criminal offense for employers to prohibit employees from storing firearms in their vehicles on company parking lots was preempted by federal law and therefore unenforceable. The Tenth Circuit ruled that because the Occupational Safety and Health Administation had not acted to identify workplace violence as a serious safety and health issue or as a recognized hazard, the district court had incorrectly concluded that Oklahoma’s statute impermissibly conflicted with OSHA standards. The court also ruled that the Oklahoma statute did not constitute an unconstitutional taking of property nor did it constitute a violation of the employers’ due process rights. Thus, the Tenth Circuit reversed the district court’s decision and removed the injunction blocking the application of the law.