Ramsey Winch Inc. v. Henry
United States Court of Appeals for the Tenth Circuit
555 F.3d 1199 (2009)
- Written by Haley Gintis, JD
Facts
In 2004 the Oklahoma legislature amended its firearm laws to prohibit a property owner from banning the storage of firearms in locked vehicles located on their property. In response, several Oklahoma businesses (plaintiffs) filed an action in federal district court against Governor Brad Henry (defendant) to enjoin the legislature from enforcing the amendments. The businesses argued that the amendments were preempted by the federal Occupational and Health Safety Act (the OSH Act), which had been passed to promote workplace safety. The district court found that the amendments were preempted by the OSH Act on the ground of conflict preemption because the amendments conflicted with the OSH Act’s general-duty clause. This clause encouraged employers to reduce the risk of violence in the workplace and provided that employers could be cited for failing to alleviate recognized hazards. However, neither Congress nor the Occupational Safety and Health Administration (the administration), which oversaw the OSH Act, passed legislation or regulations concerning the banning of firearms from workplace property. Following the district court’s issuance of the injunction, the matter was appealed.
Rule of Law
Issue
Holding and Reasoning (Baldock, J.)
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