Old 11-16-2007, 07:15 AM   #1
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What's This Judge Thinking?

You want to talk about a case of judicial activism? A judge in Tulsa, Oklahoma, recently ruled that a state law that allows employees to keep their legally owned guns locked in their car while they're at work violates federal law.

But to reach that strained conclusion, the judge had to engage in some pretty bizarre legal readings. He relied on the Occupational Health and Safety Act, which requires employers to minimize workplace risks.

I don't know about you, but thinking that a legal gun owner is automatically a "workplace risk" because she wants to be able to drive to and from work safely is just crazy.

If a parking lot is considered part of the workplace, and OHSA dictates that employers minimize workplace risks, then shouldn't these employers be required to ban cars from their parking lots? After all, in 2004 there were 42,000 people killed in car crashes in this country. How on earth could these employers let these vehicles onto their property without any regard for the safety of their workers?

Now I'll admit, that's a pretty weak argument. But not nearly as weak as the judge's ruling. Here's hoping the state of Oklahoma will appeal this decision.

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