Indiana Code 34-28-7-2

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  • deal me in

    Sharpshooter
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    0   0   0
    Dec 14, 2012
    321
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    Avon
    Regulation of employees firearms and ammunition by employers.

    I'm fairly new to Indiana. My employer is refusing to honor this state law. The reason cited (in writing) is liability. Is there any point in pursuing legal action? I'm assuming that the best case scenerio is that I would win the case and be allowed to store my firearm in my locked vehicle, however, my employer would find a reason to fire me in the mean time. Is the employer subject to any criminal or civil liability for not following the law?

    Thanks in advance to anyone who can provide advice in this matter.
     

    dab77

    Plinker
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    0   0   0
    Feb 25, 2013
    9
    1
    NORTH CENTRAL INDIANA
    winning & losing

    Sometimes, as good as it may seem at the time, winning the battle and losing the war is still a loss. I agree, just do it and deal with the
    consequences later if anyone finds out. You are not breaking any laws.
     

    lonehoosier

    Grandmaster
    Rating - 100%
    28   0   0
    May 3, 2011
    8,012
    63
    NWI
    Regulation of employees firearms and ammunition by employers.

    I'm fairly new to Indiana. My employer is refusing to honor this state law. The reason cited (in writing) is liability. Is there any point in pursuing legal action? I'm assuming that the best case scenerio is that I would win the case and be allowed to store my firearm in my locked vehicle, however, my employer would find a reason to fire me in the mean time. Is the employer subject to any criminal or civil liability for not following the law?

    Thanks in advance to anyone who can provide advice in this matter.

    I would like to see the letter. I would send a copy to Guy https://www.indianagunowners.com/forums/members/tactical_firearms_training.html and see where it goes from there.
     

    Bill of Rights

    Cogito, ergo porto.
    Site Supporter
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    7   0   0
    Apr 26, 2008
    18,096
    77
    Where's the bacon?
    I would never advise someone to break the law.

    You have no worry of doing so by keeping your gun in your locked vehicle, even if your employer is one of the excepted types, ie chemical plant, etc. (ETA: Schools are still a felony, but I gather you're not a school employee)

    Keep the notice that they gave you in writing saying you could not keep the gun there and the reason they gave you. You don't plan on being fired, but if you ever are and they're stupid enough to tell you this had bearing on it, get that in writing also.

    Finally, if it does happen, say nothing about it (especially online!) until you talk to the lawyer you hire to represent you. Once it's done and you've won your case, THEN come back and tell us the story.

    Blessings,
    Bill
     

    87iroc

    Master
    Rating - 100%
    4   0   0
    Dec 25, 2012
    3,437
    48
    Bartholomew County
    If you're prepared to get fired...buck their rules. I work for an employer that took about a month to redo their code on firearms to comply with Indiana law but yet make it a PITA to actually have htem in your car. Unloaded, locked up in car in a metal box bolted to the car.
     

    IndyDave1776

    Grandmaster
    Emeritus
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    12   0   0
    Jan 12, 2012
    27,286
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    Stupid law, it is their property, should be their rules.

    I would say that this represents the boundary on property rights. I have to come down on the side that what is contained within my vehicle is none of anyone else's business. What they will accept at large on their property is a different matter. If they don't like it, they can supply transportation.
     

    Libertarian01

    Grandmaster
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    3   0   0
    Jan 12, 2009
    6,006
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    Fort Wayne
    To All,

    I tend to agree with IndyDave on this one. The companies property rights end at the employees property, in my opinion.

    It is ridiculous to believe that an employer can dictate what the employee may have within their own vehicle. This has zero bearing on the job description and is none of their business.

    Regards,

    Doug
     

    Libertarian01

    Grandmaster
    Site Supporter
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    3   0   0
    Jan 12, 2009
    6,006
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    Fort Wayne
    Today was a verbal denial. Denial in writing is expected tomorrow. I'd be glad to send a copy of corporate policy and the letter of denial to you and Guy when I get it. Thanks.

    To Deal Me In,

    Keep a note IN WRITING for yourself detailing exactly who told you what, where you were, the circumstances, and what time it happened.

    You can be approximate if you need to but try to put in as much detail as you can. If anything should happen later in court your lawyer will thank you for detail work.

    When you know that you may become embroiled in a conflict write down as much as humanly possible so that if things go south you will have notes to refresh your memory.

    I am studying business and going for my HR certificate. I have attended two (2) HR legal forums put on by a local law firm specializing in labor dispute. They inform every employer to document, document, document. This should be no different for the employee.

    If you brought up the IC then write down exactly what their response was to this.

    Regards,

    Doug
     

    Bunnykid68

    Grandmaster
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    22   0   0
    Mar 2, 2010
    23,515
    83
    Cave of Caerbannog
    I would say that this represents the boundary on property rights. I have to come down on the side that what is contained within my vehicle is none of anyone else's business. What they will accept at large on their property is a different matter. If they don't like it, they can supply transportation.
    Then that would be no different than conceal carrying on their property.
     

    snapping turtle

    Grandmaster
    Rating - 100%
    6   0   0
    Dec 5, 2009
    6,463
    113
    Madison county
    Back in the day I used to walk 3 blocks to work from a friendly parking area to the Place of employment. Even when they redid the lot to one of the best looking in town. There was no law then to let me keep in in the truck. Employee handbook stated no gun on company property. Co-worker started picking me up so I did not get run over when it was dark out.

    When i got a better job and placed my 2 weeks notice i parked in the lot. The last week i got the Employee of the month parking spot. The Employee of the month was on vacation. He was my boss.
     

    reesez

    Sharpshooter
    Rating - 100%
    3   0   0
    Nov 25, 2012
    710
    16
    Chevyville
    The new job I just started says the same thing, no firearms on property. BUT they quickly said that my personal property is none of their business, to keep it in my locked car and no problems.
     

    Bill of Rights

    Cogito, ergo porto.
    Site Supporter
    Rating - 100%
    7   0   0
    Apr 26, 2008
    18,096
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    Where's the bacon?
    Stupid law, it is their property, should be their rules.

    While that's true and I agree with you, I'll take advantage of the law as written.

    One place I used to work had a rule that employees could not have tobacco or any tobacco products on their property, even in the employee's own vehicle. Some fought it and found themselves seeking employment elsewhere.

    As I argued ad nauseum at the time the law was being debated and voted-upon, the car is your property and you have a right to anything you wish that is legal within it. You do not have a right to park on their property, even as an employee... you have an invitation to do so, but an invitation that is conditioned upon following their rules. An employer can still tell you to leave and have you arrested for trespassing if you refuse. Under the current law, however, they cannot do so if the firearm in your locked vehicle is stated as the reason why.

    Others also pointed out that those who supported this had no leg to stand on when they later objected to smoking bans.

    What government can do for you, it can also do to you.

    Blessings,
    Bill
     

    BroodXI

    Sharpshooter
    Rating - 100%
    7   0   0
    Sep 15, 2010
    599
    43
    Salem
    Regulation of employees firearms and ammunition by employers.

    I'm fairly new to Indiana. My employer is refusing to honor this state law. The reason cited (in writing) is liability. Is there any point in pursuing legal action? I'm assuming that the best case scenerio is that I would win the case and be allowed to store my firearm in my locked vehicle, however, my employer would find a reason to fire me in the mean time. Is the employer subject to any criminal or civil liability for not following the law?

    Thanks in advance to anyone who can provide advice in this matter.

    isn't Indiana an employment-at-will state? they don't need a reason to fire you.
     
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