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  1. #1
    Plinker

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    Parking Lot Storage Law IC 34-28-7-1 Thru IC 34-28-8-9

    Ladies, and Gentlemen,

    I am hoping some of the members with legal qualifications will step in and provide some insight on the following. I am also fully aware I will be receiving what I pay for... and any feedback is appreciated.

    I work for a large multi-national aerospace manufacturer with significant operations in the Indianapolis area. The site I work at is at a large Indianapolis area airport, but is NOT within the Security Identification Display Area (SIDA).

    During a recent "All Call" teleconference one of the Senior Managers spent a considerable time highlighting the Company's weapons policy. I know of no reason, other than many of his staff have an obvious interest in firearms and the shooting sports, and such things are commonly spoken of in general conversation within the facility.

    After his comments I decided it was likely prudent to take a fresh and more critical look at the stated policies for the North America corporate entity and found the policy below. Note that I have emboldened what I believe are the most relevant parts in question to assist in reviewing the material.

    My questions to the community are simply these.



    Does this policy appear to violate the Indiana Parking Lot Storage Law IC 34-28-7-1 Thru IC 34-28-8-9?
    Does the community believe there is a reasonable case the Company can point to one of the carve outs in Sec. 2.(b). to justify and protect its policies?
    If the community believes the policy is in violation, is there a suggested action the community recommends to minimize the targeting of an employee challenging the policy?


    Thank you in advance for your assistance and feedback!


    General HR policy

    Workplace security

    Our policy


    To ensure the safety and security of company employees and property, all employees are required to wear a Company issued identification badge while on the premises. Only authorized visitors are allowed in the workplace. Denying access to unauthorized individuals to our facilities and information systems enables us to maintain our safety standards, protects against theft of Company and employee property, ensures the security of equipment, protects confidential information, and can avoid unnecessary disturbances.

    As part of our commitment to a safe workplace, XXXXXXXXXX prohibits firearms, weapons, and other dangerous or hazardous devices or substances of any kind (including but not limited to guns, rifles, knives, munitions and explosives) on Company property, including all buildings and parking lots, in vehicles, and at any company-sponsored event. This includes visible and concealed weapons, even those for which the owner has obtained the necessary permits. Violations may result in termination and may be reported to law enforcement authorities if appropriate. Certain individuals may be exempt from this policy, such as security officers with prior management approval, armored car personnel, and police.

    XXXXXXXXXXX respects the privacy rights of its employees. However, when circumstances dictate, the Company reserves the right to inspect lockers, desks, toolboxes, purses, briefcases, file cabinets, lunch boxes, containers, Company and personal vehicles on Company property that might conceal alcohol, illegal drugs and drug paraphernalia, Company property and/or other unauthorized, unlawful or inappropriate materials.



    Process



    XXXXXXXXXXXX has developed a process to ensure that the guidelines of this policy are followed.

    Visitors

    • Visitors, vendors, repairpersons, delivery people, etc. must enter the main lobby entrance and register with the receptionist before entering into the plant or office facility.
    • Each visitor must wear an identification badge after the visitor registers in the guest log.


    Security inspections/workplace monitoring

    • Desks, lockers, and other storage devices may be provided for the convenience of employees but remain the property of the Company and may be inspected at any time with or without prior notice.
    • The Company may also inspect persons entering or leaving the premises and any packages or other belongings.
    • The Company accepts no responsibility for the personal property of employees. If an employee brings personal property including tools to work, it may be subject to inventory and identification, supervisor's records, inspection, and supervisor approval prior to removal.
    • Where weapons, firearms, illegal drugs, contraband, or other items that are the subject of the search are discovered during the search, such items will be confiscated, inventoried by security or human resources personnel, and placed under safekeeping in the security department until the proper authorities are notified (where necessary).
    • Workplace monitoring may be conducted to ensure quality control, employee safety, security, and customer satisfaction.
    • Computer files may be monitored or accessed.
    • The company may conduct video surveillance of non-private workplace areas. Video monitoring is used to identify safety concerns, maintain quality control, detect theft and misconduct, and discourage or prevent acts of harassment and workplace violence.


    Manager responsibilities


    • Enforce the guidelines of this policy.
    • If reasonable suspicion exists that an employee may have unauthorized weapons, illegal drugs or alcohol on site, a representative of the Company (including a manager, member of the human resources or security department) may inspect his or her locker, desk, boxes or personal vehicle on Company property.


    Employee responsibilities


    • Maintain the security of the company's business interests and practices and respect and protect the property of the company.
    • Carry the appropriate company-issued identification card in a visible manner when on company property.
    • Report all problems observed in the parking lot to the receptionist on duty and then to Human Resources.
    • Abide by the company's prohibition of the possession, sale, distribution, or use of illegal drugs, alcohol, firearms, explosives, or other improper materials on its premises.
    • Warn supervisors, security personnel, or other Human Resources representatives of suspicious workplace activity, situations, or incidents on company premises that could impact the security of the workplace.

    Actions

    • Meet your guests in the lobby of your facility and escort them while on company premises.
    • Notify your manager or direct the individual to the main entrance if you observe unauthorized individuals on company premises.
    Last edited by jwamplerusa; 10-06-2018 at 19:58.

  2. #2
    Plinker

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    Not a law dog but didn't want your well put together post to go unrecognized any longer.
    And I was under the impression that Indiana had specific cutouts for parking lot storage.?
    If I read it right, (of which I am not confident), this would prohibit school parking lot storage. And I though that had been settled?

  3. #3
    Plinker

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  4. #4
    Grandmaster lonehoosier's Avatar

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    I see that you are in the Indy area, it would be best to contact a 2A lawyer. I would recommend Guy Relford.

    https://m.facebook.com/relfordlaw
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    Quote Originally Posted by eldirector View Post
    IF they concealed their contempt as well as they concealed their handgun, it would be a much more meaningful conversation.
    For our struggle is not against flesh and blood, but against the rulers, against the authorities, against the powers of this dark world and against the spiritual forces of evil in the heavenly realms.

  5. #5
    Grandmaster VERT's Avatar

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    There are companies that are exempt from the Indiana statute concerning the storage of firearms in personal vehicles. Firearms are not illegal or contraband so that alone should not be a reason for an employer to search a vehicle. I would contact Guy Relford, an attorney in Indianapolis.
    "Hokey religions and ancient weapons are no match for a good blaster at your side kid." - Han Solo

  6. #6
    Grandmaster Cameramonkey's Avatar

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    The free (crap) answer is in 34-28-7-2 subsection b. If your employer does NOT fit in any of those categories, the policy is in violation of state law. If enforced, you get to sue the crap out of them. At least that is how I read it.

    Just another case of a large corp trying to apply their rules universally, regardless of local laws that contradict them.

    But IANAL, and it is probably worth the hour or so fee spent with Mr. Relford or another 2a attorney. (though pretty much any attorney would understand this one.) And that consultation could also include a nice letter to your employer advising them that their corporate policy is contrary to state law and sets them up for a lawsuit if they continue to enforce it. (assuming they arent covered by the section I referenced above.)

    Being in the aerospace industry, its possible they could fit into that carve out, but that would need to be clarified by a lawyer.
    Quote Originally Posted by Kirk Freeman View Post
    A confused cop is an arresty cop.
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    also, where do we sign up to touch Frank's equipment?

  7. #7
    Somewhat Purple-ish rhino's Avatar

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    It's worth mentioning that barring some sort of contract, employers don't have to give a reason when they fire you in Indiana. Only the dumbest of the dumb would fire someone for having a gun in their vehicle and fire them because it violates company policy . . . and admit it. Employers who are really anti-gun rights and/or practice too much control over their employees will gladly disregard Indiana Law and fire someone, but if they don't say it's for that reason, they're free and clear.



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  8. #8
    Grandmaster Sigblitz's Avatar

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    Reading the state code, my spitball answer is no. That's assuming it's state property. Where I work is federal transportation property and federal law prohibits me.
    I'm gonna, riiiide 'till I can't no more.

  9. #9
    Grandmaster HoughMade's Avatar

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    Quote Originally Posted by rhino View Post
    It's worth mentioning that barring some sort of contract, employers don't have to give a reason when they fire you in Indiana. Only the dumbest of the dumb would fire someone for having a gun in their vehicle and fire them because it violates company policy . . . and admit it. Employers who are really anti-gun rights and/or practice too much control over their employees will gladly disregard Indiana Law and fire someone, but if they don't say it's for that reason, they're free and clear.
    It's true to an extent, but if they find the gun, make an issue out of it, then- for some completely unconnected reason fire you shortly thereafter, a case can be made that you were fired for the gun and whatever else they claim is a pretext. They don't have to admit its for the gun for a person to have a case.

    However, I don't know your business or, particularly, whether there is a federal law that may apply, so I can't state one way or the other whether the policy is legal.
    ​Bullies suck. They also make you stronger.

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