Henry, Edmondson Seek Firearms Case Review

Governor Brad Henry and Attorney General Drew Edmondson have asked the 10th U.S. Circuit Court of Appeals to review an October ruling that overturned a 2004 state law giving employees the right to have guns in locked vehicles where they work.

In that ruling, U.S. District Judge Terence Kern in Tulsa concluded the state law conflicts with the 1970 federal Occupational Safety and Health Act, designed to reduce workplace hazards. Kern ruled the federal law pre-empts that state law.

In a filing Tuesday at the Denver-based appeals court, Henry and Edmondson asked the court to determine whether Kern was correct. He issued an injunction against the law.

The appellate judges will decide whether to hear oral arguments. Their decision is not expected until 2008 or 2009.

The case is the result of Oklahoma legislators passing the law after Weyerhaeuser Corp. fired eight workers in 2002 for violating company policy when guns were found in their vehicles at a timber mill in southeastern Oklahoma.

Rep. Jerry Ellis, the lead House author of the law, contends it is needed to enable employees to protect themselves.

After the law was passed, several employers at various times challenged its constitutionality and contended the law would undermine company policies to protect workers.

Another federal judge in Tulsa blocked the law from taking effect pending the outcome of the court challenge.

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