Indiana Code 34-28-7-2

[CathyInBlue]

And in light of this law, employers would do well to keep their traps shut about employee firearms. Ask SaintsNSinners about how much employers fail to keep their traps shut when firing someone for having a firearm stored in accordance with the law.

 

[92ThoStro]

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

Thanks for supporting the second amendment, but you're fired because you like glock instead of XD. That is all.

@OP how does your boss know about your firearm. Locked out of sight, is locked out of sight. Unless you go telling everyone, nobody will know. Our company policy states no weapons on company property. It was written before the law, and never updated. AFAIK none of us employees has ever asked them to update it. They would probably say "only if you pay for the paper and ink, I'm not making new employee handbooks just for that"

 

[braggracing]

At our company you damn well better have a firearm in your car! If not on your person! Is there a law against that? If we could figure out how to dig dirt better with them, it would be our #1 piece of equipment.

 

[Speedgelb986S]

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.

Here is the next subsection to the statute you cited. It answers your question.

IC 34-28-7-3
Civil actions
Sec. 3. (a) An individual who believes that the individual has been harmed by a violation of section 2 of this chapter 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.
As added by P.L.90-2010, SEC.7.

Hope this helps.

 

[IndyDave1776]

... you could not carry on their bus!

That is my point. If they have a problem with the contents of the vehicle that is my property (and presumably inaccessible so far as conducting work is concerned) they can arrange other transportation. I will be waiting at home for the company driver to arrive.

 

[IndyDave1776]

Then that would be no different than conceal carrying on their property.

The difference I see is that CC would involve importing a gun into their place of business and making it readily accessible. Conversely, inside my car, these conditions have not been met. I see the attempt at dictating what I may or may not have in my car as not far removed from an employer trying to dictate what I may or may not have in any other property of mine.

 

[cook4army]

I worked for the largest casual dining restaurant franchise for almost two years. I was told upon my hiring that weapons were not allowed in the building. Six months later we get a new GM. I'm parked out back and am leaving work one day when he asks me if I'd give him a ride to the local ford dealership to pick up his car from service. While we are driving, LEO pulls me over for "rapid acceleration" in my mustang. He asks for the normal info, which I give him, including my LTCH because I have my XD in the car with me. LEO asks where the XD is, I tell him, he asks to have it placed unloaded on the dash. I comply. My GM sees all of this, but doesn't say a word. Next day I get pulled into the office and given a verbal reprimand for having a weapon on company grounds. I explain Indiana statute to him allowing me to have said weapon on the grounds as long as its locked in my vehicle. He tells me "No" it's company policy, you signed the form. I explain to him that the form states in the building, and he states in the building/on the grounds means the same to the company. I told him, ok, I'll remove it tonight, even though I did not, nor did I have any intention to. The day I left there for my new job, I show my district manager my XD. Then I ask him about this company policy. He states that as long as I did not have it in the building, I was good and the the GM was overstepping his boundaries.

Based off my experience in this manner, I would apply Willie Jeff's montage to this.....don't ask, don't tell.

 

[Bunnykid68]

The difference I see is that CC would involve importing a gun into their place of business and making it readily accessible. Conversely, inside my car, these conditions have not been met. I see the attempt at dictating what I may or may not have in my car as not far removed from an employer trying to dictate what I may or may not have in any other property of mine.

You mean like in your pocket? Like I said, stupid law.

And like BOR said you get one stupid law like this to protect certain individuals rights while trampling others rights and you end up with smoking bans on personal property.

 

[IndyDave1776]

You mean like in your pocket? Like I said, stupid law.

And like BOR said you get one stupid law like this to protect certain individuals rights while trampling others rights and you end up with smoking bans on personal property.

I see your point, but the best place I can find to draw the line is when my feet touch their property. In the car, they are still on my property. Besides, why should the company be able to effectively dictate my conditions everywhere else I go before arriving or after leaving? The contents of my car do not affect the business in any way, so I fail to see how the company's property rights are harmed. I am with you about such stupidity as smoking bans, but those control what it done or not done in such a way as to invade the actual venue of business and to affect the way in which business is conducted.

 

[deal me in]

Thanks for supporting the second amendment, but you're fired because you like glock instead of XD. That is all.

@OP how does your boss know about your firearm. Locked out of sight, is locked out of sight. Unless you go telling everyone, nobody will know. Our company policy states no weapons on company property. It was written before the law, and never updated. AFAIK none of us employees has ever asked them to update it. They would probably say "only if you pay for the paper and ink, I'm not making new employee handbooks just for that"

Corporate policy is no guns on company property period. However, employees may contact senior management in writing to ask for an exception to the policy. I followed this procedure and was denied.

 

[IndyDave1776]

Corporate policy is no guns on company property period. However, employees may contact senior management in writing to ask for an exception to the policy. I followed this procedure and was denied.

We would need to have one of the lawyers chime in, but I would find it unlikely that there is any way that company policy can trump the law.

 

[deal me in]

Here is the next subsection to the statute you cited. It answers your question.



Hope this helps.

It does, thanks.

 

[CQB]

What gun? In what car?
It will hopefully never need to be seen, but I'd rather deal with the aftermath then not have it and need it.

 

[CQB]

If you don't have it, does that make your company liable during your commute to and from work if you get car jacked? Or if you get assaulted at an ATM?

 

[Yes]

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.

Where do you work that they search your car upon arrival each day?

I don't even let cops search my car, so why would I let my boss do it?

Sometimes the wise choice is to be quiet.

 

[RabbleRouser]

two things

1) why do they even know you have a firearm in the first place? if you hadn't told them they would have never known it was in your car.
2) in Indiana they don't have to look for a reason to fire you, this is an "at will" state so they can fire you for any reason they see fit or for no reason at all.

 

[deal me in]

two things

1) why do they even know you have a firearm in the first place? if you hadn't told them they would have never known it was in your car.
2) in Indiana they don't have to look for a reason to fire you, this is an "at will" state so they can fire you for any reason they see fit or for no reason at all.

I know these things. It hasn't been in my car because I'm new to the State and just got my license. I'm not a big fan of violating company policy, even if the chances of getting caught are slim. I'm trying to initiate a small change in my employer's policy to bring it in line with Indiana law. I'm trying to be an advocate, not a martyr. If I was advised that pushing this issue could result in termination with little or no legal recourse, I will give up.

I'm not overly concerned about being fired out of hand because I'm a valuable employee and I haven't done anything wrong. I've followed the company's written policy to the letter. In addition, if my employer would terminate me for simply questioning (which is all that I've done at this point) a policy that seems to conflict with IN state law, I'm not sure I'd want to work there anyway.

I don't disagree with those who say it's wiser to keep my mouth shut and just do it, but I thought I'd try to right a rather obvious wrong. There are other employees who might benefit from a policy that doesn't conflict with state law. If I don't succeed, hopefully the consequences won't be dire.

 

[MaLfUnCtIoN]

You can usually do anything as long as you don't ask anybody, and don't tell everybody.

 

[jon5212]

My gun is always locked in my car at work. My employer is a very large corporation and when this law was enacted we didn't have to sign anything, they merely reiterated the no weapons in the building and that they follow enacted state laws and that was all they said pretty much.

 

[SaintsNSinners]

Employer Rules do not trump state law. That is why I am in the situation I am in....

Record and document everything. Keep your trap shut on INGO about it and Contact Guy Relford.



That is all..