July 1st - Guns in vehicle at work?

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  • djl02

    Expert
    Rating - 100%
    1   0   0
    Sep 18, 2009
    1,406
    36
    Indiana
    I never cared what the policy was,I still ,kept a pistol in my vehicle or locker. Not the best area to work at night. I remember pulling up to a stop light in the West end of Louisville and someone tried to open my door. Of course he backed off with his hands in the air. One of many stories of the 20 plus years working night shift.

    Bout time they got this right.
     

    HiRoller

    Sharpshooter
    Rating - 100%
    17   0   0
    Mar 29, 2008
    442
    18
    Indianapolis East
    A conversation with a HR manager of a large casino ( a buddys wife) claims if the company has outlined a "No Firearms" policy the new law doesn't stand up. I wasn't educated well enough to argue the point. I will only assume she is misguided, however she was certain due to recent training all HR personel received from corporate HQ reguarding the matter. I took my gun to work anyway.
     

    sporter

    Master
    Rating - 100%
    30   0   0
    Mar 9, 2009
    2,395
    48
    Southern, Indiana
    A conversation with a HR manager of a large casino ( a buddys wife) claims if the company has outlined a "No Firearms" policy the new law doesn't stand up. I wasn't educated well enough to argue the point. I will only assume she is misguided, however she was certain due to recent training all HR personel received from corporate HQ reguarding the matter. I took my gun to work anyway.

    HB1065 is now:
    SOURCE: IC 34-28-7; (10)HB1065.1.7. --> SECTION 7. IC 34-28-7 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
    Chapter 7. Possession of Firearms in Locked Vehicles
    Sec. 1. This chapter applies only to possession of a firearm by an individual who may possess the firearm legally.
    Sec. 2. (a) Notwithstanding any other law and except as provided in subsection (b), 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 individual from possessing a firearm that is locked in the individual's 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 individual from possessing a firearm:
    (1) in or on school property, in or on property that is being used by a school for a school function, or on a school bus in violation of IC 20-33-8-16 or IC 35-47-9-2;
    (2) 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; or
    (E) an emergency shelter care group home;
    in violation of 465 IAC 2-9-80, 465 IAC 2-10-79, 465 IAC 2-11-80, 465 IAC 2-12-78, or 465 IAC 2-13-77;
    (3) on the property of a penal facility (as defined in IC 35-41-1-21);
    (4) in violation of federal law;
    (5) in or on property belonging to an approved postsecondary educational institution (as defined in IC 21-7-13-6(b)); (6) on the property of a domestic violence shelter;
    (7) at a person's residence; or
    (8) on property owned, operated, controlled, or used by an entity that:
    (A) is required to:
    (i) conduct a vulnerability assessment; and
    (ii) develop and implement a site security plan;
    under the United States Department of Homeland Security's Chemical Facility Anti-Terrorism Standards issued April 9, 2007; or
    (B) is required to have a security plan under the Maritime Transportation Security Act of 2002, Public Law 107-295.
    Sec. 3. (a) An individual who believes that a violation of section 2 of this chapter has occurred may bring a civil action against the person who is alleged to have violated section 2 of this chapter, other than a person set forth in IC 34-6-2-103(j)(2).
    (b) If a person is found by a court, in an action brought under subsection (a), to have violated section 2 of this chapter, the court may do the following:
    (1) Award:
    (A) actual damages; and
    (B) court costs and attorney's fees;
    to the prevailing individual.
    (2) Enjoin further violations of this chapter.
    Sec. 4. This chapter does not limit a person's rights or remedies under any other state or federal law.

    Sec. 5. A court does not have jurisdiction over an action brought against an employer who is in compliance with section 2 of this chapter for any injury or damage resulting from the employer's compliance with section 2 of this chapter.

    The law is clear, if a company adopts, enforces a policy that prohibits firearms or ammunition in locked vehicles at the work place they are in violation.
    Another good thing about the law is this part: "has the effect of prohibiting", this can mean if a company tries to side step the law with other rules or stipulations.
     

    philo

    Sharpshooter
    Rating - 0%
    0   0   0
    Mar 24, 2010
    696
    18
    Peoples Republic of Bloomington
    My company updated policies to say that guns are allowed in the parking lots at work if and ONLY if.

    It's in a metal box, that's locked, that's attached to the vehicle via a cable or bolts, that's out of plain sight, and the gun can't be loaded, and you can only have 1 firearm in your vehicle, and etc etc etc....I think there were about 10 conditions total that "must" be followed. Said company makes big diesel engines....

    Isn't the trunk generally a big metal box that's attached to the vehicle with bolts and can be locked?:dunno:
     

    XDinmyXJ

    Sharpshooter
    Emeritus
    Rating - 100%
    1   0   0
    Oct 30, 2009
    711
    16
    Columbus, IN
    My company updated policies to say that guns are allowed in the parking lots at work if and ONLY if.

    It's in a metal box, that's locked, that's attached to the vehicle via a cable or bolts, that's out of plain sight, and the gun can't be loaded, and you can only have 1 firearm in your vehicle, and etc etc etc....I think there were about 10 conditions total that "must" be followed. Said company makes big diesel engines....


    Yeah, I know that place. :D What a crock right? Does the bill state that a company can make up all these rules that are insane like this or does the bill just state that it has to be locked in the vehicle. Last time I checked company policy doesn't override the law. I ordered a lock box last night BTW! :D
     

    Lex Concord

    Not so well-known member
    Site Supporter
    Rating - 100%
    26   0   0
    Dec 4, 2008
    4,490
    83
    Morgan County
    My advice to all would be simply to ensure that, whatever your actions, you are in compliance with and actually covered/protected under the law, and discuss your actions with no one with whom you would not entrust your life, no matter the perceived response of an individual or your employer.

    Disclaimer: IANAL. Any legal questions or concerns should be directed to an attorney licensed to practice law in Indiana.
     
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