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DEL.ICIO.USThere’s gunsmoke rising out of Oklahoma
The Atlanta Journal-Constitution
This week, the Georgia Chamber of Commerce formally notified the state Senate that it can expect another fight over the bill to permit employees to keep firearms in cars parked on company lots.
Except for the intramural budget battle among Gov. Sonny Perdue, Lt. Gov. Casey Cagle and House Speaker Richardson, the guns-in-parking lot bill came closest to provoking a fistfight during the past session of the Legislature.
The National Rifle Association has promised to come back with another version of the measure - which the organization has developed into a state-by-state, national campaign. In an e-mail to Republican state senators, chamber spokesman Joe Fleming on Monday promised to again oppose it:
“The NRA has regrettably placed the members of the majority caucus in a trap, asking senators to choose between the principles for which the members stand and - as one senator has said - ‘a solution in search of a problem.
“As amended, the bill would for forbid property owners and employers from establishing policies that prevent the introduction of guns into the workplace.
“The officers of the Georgia Chamber of Commerce met this past week, and strongly re-affirmed their complete, total opposition to the parts of HB 89 that were added to that bill in the Senate Rules Committee.
“I feel it is my duty to inform you of this action before the Republican caucus meets later this week.”
Perhaps more important, a similar measure in Oklahoma was struck down in federal court last week, when a judge determined that employers couldn’t comply with both a law permitting guns in corporate lots, and the federal Occupational Health and Safety Act.. You know - OSHA.
Legal arguments aside, such decisions are often used as opportunities to set troublesome disputes aside, until higher courts cast their eyes over the terrain. You can expect that argument to quickly become part of Georgia’s gun debate.
The Oklahoma decision is nearly 100 pages long. But because of Georgia’s history with similar legislation, we offer the entire decision here for some bedtime reading. For those who don’t suffer from insomnia, we offer this bottom-line assessment from the judge:
“Although it is a close question, the Court cannot conclude the [gun law’s provisions] are wholly arbitrary or irrational methods of promoting safety and deterring crime. It is not this Court’s province to invalidate state law because the Court disagrees with the Legislature’s chosen method of achieving its objectives.
“It is, however, this Court’s province to determine if a state law impermissibly conflicts with federal law. The Court concludes that the [provisions] conflict with and are preempted by the OSH Act, which requires employers to abate hazards in their workplaces that could lead to death or serious bodily harm and which encourages employers to prevent gun-related workplace injuries.
“The [provisions] criminally prohibit an effective method of reducing gun-related workplace injuries and cannot coexist with federal obligations and objectives. The [provisions] are therefore enjoined to the extend they are preempted by the OSH Act.”
Comments
By Doug Fay
October 10, 2007 12:29 PM | Link to this
So, I can abide by the law and not carry a gun onto the workplace, but I can be shot by someone who does not abide by the law. A disgruntled worker knows that he can shoot me, and I won’t be able to defend myself because I abide by the law and have no gun. He is safe because there are no guns on the property. So, the OSH act protects the lives of criminals.
By Jim J
October 10, 2007 12:39 PM | Link to this
It’s just horribly depressing that the “Political Insider” column of Georgia’s largest newspaper talks about little else but the NRA and gay marriage. It’s amazing the path that Georgia voters have chosen to go down. I guess it really is true that people here just aren’t that smart.
By Craig
October 10, 2007 12:44 PM | Link to this
Doug,
What of property rights? Does the property owner not have a say in what they want to make a lower risk workplace? Do they not have a say of the standards they set for their own property? Do you want the government to be given the ability to say what you can and cannot do on your property or any other business?
Or better yet, if you brought a gun into the workplace and engaged in a gunfight with some disgruntled employee and in the crossfire you shot me, would you have a problem with my family suing you? Because with you shooting me I didn’t ask for you to act or even risk my life in that shootout. Are you ready to be sued?
By HUH
October 10, 2007 1:35 PM | Link to this
I guess it really is true that people here just aren’t that smart. And the really funny part is that MOST of the people here are from somewhere else!! And then come here and have the nerve to complain! Well, I say this……..IF YOU DON’T LIKE GEORGIA OR THE PEOPLE IN GEORGIA THEN TAKE YOUR AZZ HOME!!!!! Bye, bye!!
By Brad
October 10, 2007 5:28 PM | Link to this
It’s “depressing” that the political insider covers a story involving property rights, the constitution, and one of the most powerful lobbying institutions in the world? Im confused, but its probably because i’m not very smart.
By bill
October 11, 2007 9:55 AM | Link to this
Craig:Please allow this dumb Georgian to quote the late, great American, Lewis Grizzard: “If ya’ll don’t like it down here, Delta is ready when you are!”
By Bill
October 11, 2007 10:32 AM | Link to this
Dear Depressed Craig: Allow this dumb Georgian to quote the late, great American (and Georgian), Lewis Grizzard: “If ya’ll don’t like it down here, Delta is ready when you are!”
By John D
October 18, 2007 8:38 AM | Link to this
So with all these rules in place, how have these “OSHA” rules prevented any workplace shootings?
Are police deptments more dangerous because the employees carry guns?
By Art Hayhoe
October 18, 2007 11:53 AM | Link to this
The NRA introduced this bill in Florda first. If they can get it passed in Florida, like so many other NRA bills, it will spread to other states just like their “Shoot First’ law. But this time the NRA ran into blank wall when the Florida Chamber of Commerce joined Brady campaign and Floridians for Gun Safety to oppose this assault on property rights and public safety. Marion Hammer will reintroduce her bill during the 08 legislature. This time the NRA made the mistake of taking a large well funded and well orginized Chamber of Commerce who has said in effect this will be a fight to the death. The more poeple look a this bill the more people say what in hell are we trying to do here!
By Synonymous
October 18, 2007 12:57 PM | Link to this
Craig knows that other states have included language absolving the employer from any legal liability. He also knows that Georgia’s current law permits school employees to park their vehicles on school property AND carry a firearm in the vehicle. Further, he knows that shootings by school employees exercising this right aren’t rampant. (Ever hear of a single incident?) He realizes that we, the citizens, are essentially owners of school property and employers of those in local school systems—and that we allow guns on school property everyday—without a problem.
He only likes select items in the Bill of Rights.
I agree with John D, Bill and HUH. Delta is ready when you are….and I’ll help you pack.