firearm in parking lot

[atalon]

Just curious if someone can confirm that it is still legal for a person to have a firearm in a locked car in parking lot at their place of work and that place of work is not allowed to make a policy prohibiting this action?

I was told recently that such policy exists but they don't qualify for any of the exemptions that I am aware of.

 

[OutdoorDad]

Confirmed.


https://iga.in.gov/static-documents/b/b/7/f/bb7f81f3/TITLE34_AR28_ch7.pdf

 

[Libertarian01]

I believe there are some exemptions like a government or security facility but you'd have to read the law.

Doug

 

[dudley0]

When they passed that law I was still working a W2. The plant manager had a big meeting with all three shifts explaining that it was law now and saying there was no valid reason to have a firearm in your vehicle.

He went on to say that anyone who thought otherwise was welcome to have a meeting with him so he could persuade them not to do it. I thought it would be funny of everyone went in to say they were going to carry in their vehicle. But, most were snowflakes and couldn't see anything.

Those of us that I know that carried did so before the law was enacted anyhow, so it didn't really make much of a change.

If they want you gone, it is kind of easy in Indiana to do so anyhow.

Now that I am out of there I carry on my person while at work.

 

[atalon]

Thank you for the quick replies!

 

[WanderingSol07]

As I work at a post secondary educational institution, I am not allowed under the law to have my weapon in my car anytime I am on the institution's property.

 

[rhino]

As I work at a post secondary educational institution, I am not allowed under the law to have my weapon in my car anytime I am on the institution's property.

Not allowed by your employer isn't the same as illegal.

 

[Libertarian01]

Not allowed by your employer isn't the same as illegal.

Doesn't the law quoted above (IC 34-28-7-2) specifically make it "illegal" (possibly a liability) for an employer who isn't exempted from enforcing such a rule?

Regards,

Doug

 

[Dead Duck]

As I work at a post secondary educational institution, I am not allowed under the law to have my weapon in my car anytime I am on the institution's property.

Even if it was K-12 school grounds, you can absolutely have guns in your car.....legally. (out of sight and locked)


For all those who don't carry at their workplace, why not?
Are you searched? Metal detectors? Worried about printing? Secretaries accidental cop-a-feel? Sure I understand that if caught they can fire you if against policy but....so?

 

[rhino]

Doesn't the law quoted above (IC 34-28-7-2) specifically make it "illegal" (possibly a liability) for an employer who isn't exempted from enforcing such a rule?

Regards,

Doug

Colleges and the like are on the exempted list. Why they are, or why the list exists at all, is another question.

Still not illegal, though!

 

[KJQ6945]

Colleges and the like are on the exempted list. Why they are, or why the list exists at all, is another question.

Still not illegal, though!

I'm not sure what you are saying here.
Carry on colleges is not illegal, it might be against a policy though. But the law doesn't exempt colleges from the vehicle rule. I thnk I'm misunderstanding what your saying.

 

[rhino]

IC 34-28-7-2Regulation of employees' firearms and ammunition by employers Sec. 2. (a) Notwithstanding any other law and except as provided in subsections (b) and (c), a person may not adopt or enforce an ordinance, a resolution, a policy, or a rule that:


(1) prohibits; or


(2) has the effect of prohibiting;


an employee of the person, including a contract employee, from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle.


(b) Subsection (a) does not prohibit the adoption or enforcement of an ordinance, a resolution, a policy, or a rule that prohibits or has the effect of prohibiting an employee of the person, including a contract employee, from possessing a firearm or ammunition:


(1) on the property of:


(A) a child caring institution;


(B) an emergency shelter care child caring institution;


(C) a private secure facility;


(D) a group home;


(E) an emergency shelter care group home; or


(F) a child care center;


in violation of 465 IAC 2-9-80, 465 IAC 2-10-79, 465 IAC 2-11-80, 465 IAC 2-12-78, 465 IAC 2-13-77, or 470 IAC 3-4.7-19;


(2) in violation of federal law;


(3) in or on property belonging to an approved postsecondary educational institution (as defined in IC 21-7-13-6(b));


(4) on the property of a domestic violence shelter;


(5) at the employer's residence;


(6) on the property of a person that is:


(A) subject to the United States Department of Homeland Security's Chemical Facility Anti-Terrorism Standards issued April 9, 2007; and


(B) licensed by the United States Nuclear Regulatory Commission under Title 10 of the Code of Federal Regulations;


(7) on property owned by:


(A) a public utility (as defined in IC 8-1-2-1) that generates and transmits electric power; or


(B) a department of public utilities created under IC 8-1-11.1; or


(8) in the employee's personal vehicle if the employee, including a contract employee, is a direct support professional who:


(A) works directly with individuals with developmental disabilities to assist the individuals to become integrated into the individuals' community or least restrictive environment; and


(B) uses the employee's personal vehicle while transporting an individual with developmental disabilities.


(c) A person shall adopt or enforce an ordinance, a resolution, a policy, or a rule that requires an employee of the person, including a contract employee, who possesses a firearm or ammunition on the property of a penal facility (as defined in IC 35-31.5-2-232), to:


(1) secure the firearm or ammunition or both in a locked case; and


(2) store the firearm or ammunition, or both:


(A) in the trunk of the employee's vehicle;


(B) in the glove compartment of the employee's locked vehicle; or


(C) out of plain sight in the employee's locked vehicle.


As added by P.L.90-2010, SEC.7. Amended by P.L.114-2012, SEC.66; P.L.157-2014, SEC.1; P.L.181-2017, SEC.2.

...

 

[KJQ6945]

I stand corrected.

 

[rhino]

I stand corrected.

I salute you, sir.

 

[Libertarian01]

Colleges and the like are on the exempted list. Why they are, or why the list exists at all, is another question.

Still not illegal, though!

In my question I'm not asking about the colleges and other exempted areas. I only mean Walmart or CVS or Bob's Truck Repair. For the majority doesn't the law give specific grounds to sue for any disciplinary action up to and including termination if it was due to the employee having a firearm in a "protected area" of their vehicle, like the trunk?

Illegal may not be the word, but I couldn't think of any other word that properly fits this situation.

Regards,

Doug

 

[CountryBoy19]

For all those who don't carry at their workplace, why not?
Are you searched? Metal detectors? Worried about printing? Secretaries accidental cop-a-feel? Sure I understand that if caught they can fire you if against policy but....so?

So? For many they've devoted their entire life to building a career, they've found an employer that offers great benefits for them and their family, they've worked to build a pension etc. To be fired straight in the middle of a career can be devastating for not only you, but your entire family. Thus it's a risk vs. reward thing. High-risk of enduring moderately devastating consequences (high-risk of being fired if caught) vs extremely low risk of highly devastating consequences (extremely low risk of being the victim of devastating workplace violence etc). Your question seems to approach the issue as-if everybody is flippin' burgers at Burger King or driving a delivery truck; higher risk of being victim to violence or robberyand if fired they can just march down to McDonalds and get a new job that is an exact replacement to the one they just lost. That simply isn't the case for most.

As far as another reason, believe it or not but there are literally tens of thousands of jobs right here in Indiana where it is actually against the law to carry (not just forbidden, but you can face criminal penalties if caught)... many of them you cannot even lock it in the car. So why on earth would you take that risk? Find another job you say? Meh, in my case, I simply cannot find a better job when I take into account ALL of the benefits offered by my employer; schedule flexibility, telework options, workload/customer type, work opportunities, health-insurance that is the epitome of "Cadillac health plans", 401k matching, pension, it all adds up. My job is to provide for my family, and if that means disarming to go to work, I'll begrudgingly do so. Now, if my job offered a high risk of me needing to defend myself I would certainly be reconsidering...

 

[JoshuaS4227]

In my question I'm not asking about the colleges and other exempted areas. I only mean Walmart or CVS or Bob's Truck Repair. For the majority doesn't the law give specific grounds to sue for any disciplinary action up to and including termination if it was due to the employee having a firearm in a "protected area" of their vehicle, like the trunk?

Illegal may not be the word, but I couldn't think of any other word that properly fits this situation.

Regards,

Doug

I can say that CVS states in their policy that you are not allowed to have a weapon on property EXCEPT if you live in one of the 23 specifically listed states and are a licensed carrier. Then you can have it locked in your vehicle out of sight.

i know nothing of Bob’s Truck Repair...sorry.

 

[Mark 1911]

I am familiar with one exception to the law, but there are no examples in the state of Indiana, so not a concern in Indiana. Example I am thinking of is nuclear power plants, which fall under federal law. In 30 years of working in nuclear I have never had my vehicle searched. However, say my vehicle was searched for some unexpected reason and they found a loaded handgun inside. I would be in violation of federal law. I would be arrested. I would definitely lose my job. Not sure if I would be facing a misdemeanor or a felony charge, but I don't intend to find out. There are no nuclear generating facilities in Indiana. I happen to be working a field assignment right now and am actually typing this from my desk at a nuclear plant in Minnesota. Although I just submitted my application for my non-resident MN carry permit, it won't do me any good on the way to or from work.

 

[Thegeek]

I'm precluded by 6(B).