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Guns in the Workplace
An NRA Campaign Threatens Workplace Safety

ABA Resolution

"RESOLVED, That the American Bar Association supports the traditional property rights of private employers and other private property owners to exclude from the workplace and other private property, persons in possession of firearms or other weapons and opposes federal, state, territorial and local legislation that abrogates those rights." [Read the full text]

— Approved by the ABA House of Delegates, Feb. 12, 2007

Since 2006, the National Rifle Association's has grown increasingly desperate in its attempt to pass "take-your-guns-to-work" laws that seek to turn companies into criminals if they bar guns on their private property. Its efforts have met stiff opposition from the business community and Brady activists. The overall result has been a stinging rebuke to the NRA.

The NRA does not give up easily, however. Instead, they become more extreme, even to the point of alienating lifetime NRA members. In 2008, the NRA is pushing a new round of legislative bills, despite having had their original legislation declared unconstitutional by a federal court in Oklahoma. It will take just as much work this year to defeat the NRA's extreme agenda.

Forced Entry [link to report]The Brady Center's report: Forced Entry: The National Rifle Association's Campaign To Force Businesses To Accept Guns At Work blows the whistle on the NRA's strategy and explains how it tramples property rights and conflicts with companies' federal obligation to provide a safe workplace. If passed, the NRA's extreme bills will also expose employers to lawsuits because they establish the right of employees to sue employers to overturn no-weapons policies.

Gun violence in the workplace is a serious national problem:

ConocoPhillips has won its federal lawsuit and permanently blocked the NRA's Guns-at-Work Law from taking effect in Oklahoma

Oklahoma Guns-at-Work Law

The law makes it a crime for anyone — "person, property owner, tenant, employer, or business entity" — to bar any person, except a convicted felon, from bringing a gun onto any property in Oklahoma that is set aside for any motor vehicle.

On October 4, 2007, a federal court in Oklahoma permanently enjoined the Oklahoma gun-at-work law from taking effect. The court, citing our Forced Entry report, held that the federal obligation to provide a safe workplace for employees under the Occupational Safety and Health Administration's general duty clause must trump a state law that threatens workplace safety. "In fact, the Court can imagine no other 'condition' on company property that more significantly increases the risk of death or serious bodily harm to employees in a situation involving workplace violence [than the presence of firearms.]" Courts in Utah and Oklahoma have also found there is no right to bring guns to work. See Oklahoma decision here (PDF).

On February 28, 2008, the Brady Center, joined by the American Society of Safety Engineers and ASIS International, filed an amicus brief in the Tenth Circuit urging affirmance of the lower court ruling that found the Oklahoma forced entry law unconstitutional. See the Brady Center's press release here. Read the brief here.

A growing number of organizations and associations have supported ConocoPhillips' lawsuit or expressed opposition to NRA-backed guns-at-work bills, including:

"This was a big victory today for the citizens of Florida and for property owners. Clearly the [National] Rifle Association thought that they could roll over these legislators in this committee today with bad policy. I think if there would have been a vote today, I think that it would have been an overwhelming failure for the National Rifle Association."

— Mark Wilson, Executive VP, Florida Chamber of Commerce

Newspaper editors and commentators oppose these bills

"The aura of invincibility that has legislatures bowing before the gun lobby is running into a commendable challenge from corporate America.... There is no debate that [allowing workers to carry guns] endangers workers.... The notion that self-defense mandates keeping guns in office drawers or out in parking-lot glove compartments is a dangerous fantasy." [Read the full editorial]

— New York Times editorial, March 30, 2007

Read more news and editorials on Guns in the Workplace.

The business press is also raising the alarm

Articles have appeared in Workforce Management, CFO Magazine, Business Week, Occupational Hazards and Inc.com.

Even NRA members and state affiliates have come out in opposition to guns-at-work bills

States with "Guns in the Workplace" Bills
Click here for detailed list of current bills.

[image]States where gun lobby bills are pending [image]States where gun lobby bills failed
States with Guns in the Workplace Legislation Introduced

Clips and Editorials Resources
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