Parking Lot Law Question

[Mr. Habib]

I have a question for our esteemed INGO legal experts. Does the "Parking Lot Law" apply only to actual employees, or are contractors covered as well?
Hypothetical example: Bob works for a company that is based outside of Indiana. Bob's employee manual makes no mention of firearms at work. Bob's
permanent work location is at a facility in Indiana which is not exempt form the firearms stored in personal vehicles law. Bob's only parking option is to park in
a garage owned and operated by Bob's customer, and which requires an access card issued by the customer for entry. Is Bob afforded the same legal protection
as an employee of the customer would be concerning storing a firearm in his locked vehicle while parked in this garage?

 

[SSGSAD]

First question, if he is from outside In., then does he have a permit, that In., honors ?????

 

[Mr. Habib]

Yes, Bob is an Indiana resident and has his Indiana LTCH. It is only his employer that is located in another state.

 

[SSGSAD]

Just guessing, then he SHOULD be GtG ..... Tell no one !!!!! Out of site, out of mind .....

 

[actaeon277]

ERrrrrrr.
I'm thinking that one might have to be decided in court.

 

[JettaKnight]

Just guessing, then he SHOULD be GtG ..... Tell no one !!!!! Out of site, out of mind .....

No, you see, he wants to take onto that site.


Bob is an contract-based employee of that company. He must abide by their rules while working for them. Just because he's not a W2 employee does not negate his rights to keep a firearm in the parking lot. How he is paid (direct, 1099, third party) is irrelevant.

 

[stephen87]

ERrrrrrr.
I'm thinking that one might have to be decided in court.

Why? If the company is not an exempted location, firearms are allowed in the parking structure/lot. If Bob carries it into the parking lot, he should be covered under the IC.

IANALAIDNSAAHIELN


Here's one: I used to work for a company based out of Illinois. They told me during my orientation, and had it in the handbook, no firearms on company grounds. I was talking shooting one day with a co-worker and a manager tried to reiterate the policy. I kindly told him to go read the IC and come back when he finds the part that exempts the company from the IC. Still waiting.

 

[actaeon277]

Why? If the company is not an exempted location, firearms are allowed in the parking structure/lot. If Bob carries it into the parking lot, he should be covered under the IC.

IANALAIDNSAAHIELN


Here's one: I used to work for a company based out of Illinois. They told me during my orientation, and had it in the handbook, no firearms on company grounds. I was talking shooting one day with a co-worker and a manager tried to reiterate the policy. I kindly told him to go read the IC and come back when he finds the part that exempts the company from the IC. Still waiting.

I would have to read the text of the parking lot law.
Because, if it states "employee/employer" then contractor may not fit in that description.

 

[CMB69]

IC 34-28-7 Possession of Firearms and Ammunition in Locked Vehicles


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 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.

 

[actaeon277]

IC 34-28-7 Possession of Firearms and Ammunition in Locked Vehicles


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 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.

Thanks

 

[injb]

IC 34-28-7 Possession of Firearms and Ammunition in Locked Vehicles


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 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.

It's not that clear that "contract employee" applies to Bob in this case. I am in exactly Bob's situation. Our client has permanent employees, contract employees, and then people like me, who are not their employees at all, but are employed by a company that they have hired. So there are 3 distinct kinds of people who work and park in the same place, but the law quoted above only mentions 2 of them. I wonder if the real issue is whether Bob's employer is even bound by this law at all, since they're not based in Indiana? Wouldn't the employment contract be under the jurisdiction of the employer's state?

 

[CMB69]

If the employer cannot prohibit their own employees, even temporary contract employees, how can they prohibit anyone else?

Not a lawyer, but I suspect the addition of "including a contract employee" is intended to cover all possible permutations. Many employers routinely use temporary "employees" who actually are employed by an agency who's reason for existing is to provide qualified temporary help. Those employees often come from other states. The client pays the agency, the agency pays the employee.

Bob's contract with his employer is a different matter. I suppose if the the hypothetical client employer knew that Bob was prohibited by his employer, they could tattle and get him in trouble that way.

 

[stephen87]

So, what I'm hearing (correct me if I'm wrong) is some people believe that if the company is based out of another state (Walmart's HQ is AR, UPS is GA), they could potentially restrict the carry of firearms on another company's property?

I don't read the initial question as "He works for a company within another state." I read it as "The corporate hq is in another state." OP, correct me if I'm wrong.

ETA:: I would assume since the employee works in the state of IN, not another state, a violation of the law would be in effect. You don't operate under other state's laws when in a different state.

 

[injb]

So, what I'm hearing (correct me if I'm wrong) is some people believe that if the company is based out of another state (Walmart's HQ is AR, UPS is GA), they could potentially restrict the carry of firearms on another company's property?

Yes, that's what I'm suggesting - but I'm not a lawyer either and I don't know. I'm just saying it shouldn't be taken for granted.

I don't read the initial question as "He works for a company within another state." I read it as "The corporate hq is in another state." OP, correct me if I'm wrong.

ETA:: I would assume since the employee works in the state of IN, not another state, a violation of the law would be in effect. You don't operate under other state's laws when in a different state.

I did some googling, and this made for interesting reading. Most of the cases explained there are the other way around - that is to say, the employees were trying to sue in the employer's state, and the employers were claiming that this was wrong. But there are one or two examples that might fit Bob's situation.

Incidentally, the definition of "person" for the above quoted Indiana law is found in IC 34-6-2-103(j):

"Person", for purposes of IC 34-28-7, means:
(1) an individual;
(2) a governmental entity;
(3) a corporation;
(4) a firm;
(5) a trust;
(6) a partnership; or
(7) an incorporated or unincorporated association that exists
under or is authorized by the laws of this state, another state, or
a foreign country

It doesn't say anything about them having to be located in IN...so maybe it doesn't matter.

 

[stephen87]

To me, combined with the IC, it says that they may not enact a policy restricting the possession of the firearm in the parking lot. Definition 7 says it all. An incorporated or unincorporated association that exists under or authorized by the laws of another state.


Again, not a lawyer, but to me the law is pretty cut and dry.

 

[voidsherpa]

The real sticker is though, being fired is not that same as not being hired. (contract work, ect.)

 

[OutdoorDad]

Ianal.
You are good to go.
If you are an employee, no troubles.
If you are not an employee, then all they can do is ask you to leave and their employee handbook wouldn't apply to you, would it?