Registering your guns - at work?

[NathanJefferson]

Sorry if this has been brought up before, I went through a couple dozen pages of searches and couldn't find it...

A friend of mine is inquiring about the legality of his work requiring him and other employees to register any gun they may carry. Now that they can legally lock them in their cars (yay!) the company deems it necessary to see who and what is being left in the parking lot...

Any help on whether this is legal? can he ignore it and not register this guns? If he ignores it could he be fired?

 

[Classic Liberal]

No don't do it, it's not required by law and are just begging to get your car broke into. Plus, this is just liberally dumb.

 

[fullmetaljesus]

There is no legal reason to reg the guns with his employer however, keep in mind this is a screw you to the employee state, and the employer can decide they don't like the way he brushes his hair and fire him.

 

[eldirector]

I believe they can ask for about anything they want. No law against asking, and no law requiring you to answer.

That said, they can also fire you for not answering, or lying, if they want.

If your friend feels that this new policy "has the effect of prohibiting" him/her from locking up their firearm, then toss a civil suit at the company.

 

[Classic Liberal]

I say "**** on their dumb requirement", and conceal carry.

 

[812guns]

They can ask all they want but he does not have to tell them what is in his car.

 

[FireBirdDS]

Indiana Code 34-28-7

It's illegal for an employer to even inquire about the presence of any lawfully possessed firearms in an employee's vehicle.

 

[eldirector]

Indiana Code 34-28-7

It's illegal for an employer to even inquire about the presence of any lawfully possessed firearms in an employee's vehicle.

Where does it say that?

 

[NathanJefferson]

Where does it say that?

Maybe he thinks registering has the "effect of prohibiting"... While *I* would agree, I think it could be a bit of a stretch for many to agree.

 

[Goodcat]

I think it does have the effect of prohibiting.

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.


When the day ends, you can sue, cry, whine, yell or quit. You may not have a job anymore because you took a minute too long on your bathroom break. They will get a slap on the wrist for inquiring and you will be fired legally for something else.

Some here will tell you, your DETAILED constitutional rights are more important that having a job or career. I would ask you find those who have no money or jobs now and see if they still feel the same way. I say pick your battles, this may not be one.

If your 'feelin it', fill out the paperwork and register one cheap gun on it. If you're not, don't and don't talk about it. Assuming half the office knows about it already, better to fill out the forms and shut up imo.

 

[LEaSH]

Where does it say that?

Debatable in court, possibly. But if an employee refuses to comply with registering a carry firearm and gets punished by refusing.

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;

It would have to be tested, of course.

 

[Classic Liberal]

Maybe he thinks registering has the "effect of prohibiting"... While *I* would agree, I think it could be a bit of a stretch for many to agree.

I agree...what other purpose would a requirement like that have? What other personal items has an employer ever required knowledge of?

 

[DarkRose]

Indiana Code 34-28-7

It's illegal for an employer to even inquire about the presence of any lawfully possessed firearms in an employee's vehicle.

I was just about to look for this, as I believe that the "Parking Lot 2.0" law addressed that problem from the original.

 

[NathanJefferson]

I was just about to look for this, as I believe that the "Parking Lot 2.0" law addressed that problem from the original.

And what is version 2.0 of the law? haven't heard of it...

 

[SmileDocHill]

And what is version 2.0 of the law? haven't heard of it...

Set your computer to receive automatic updates, it will require a restart but it is worth it to be current.

 

[DarkRose]

And what is version 2.0 of the law? haven't heard of it...

The new language passed a year later prohibiting employers from asking if you had a gun in your vehicle, what type of gun, if it was loaded, how many rounds, etc. Apparently many employers were trying to keep lists of who had guns on the property...

 

[JettaKnight]

I believe they can ask for about anything they want. No law against asking, and no law requiring you to answer.

That said, they can also fire you for not answering, or lying, if they want.

If your friend feels that this new policy "has the effect of prohibiting" him/her from locking up their firearm, then toss a civil suit at the company.

WRONG.

Effective 07/01/2011

http://www.in.gov/legislative/bills/2011/PDF/SB/SB0411.1.pdf

Not sure where it got shoved into the IC...

 

[eldirector]

WRONG.

Effective 07/01/2011

http://www.in.gov/legislative/bills/2011/PDF/SB/SB0411.1.pdf

Not sure where it got shoved into the IC...

I stand (mostly) corrected!
IC 34-28-8

From how I read this, they cannot require that you share any information, and cannot provide any benefit for you voluntarily sharing any information (like provide insurance if you register your firearm with them).

They can still ask.

 

[JettaKnight]

I stand (mostly) corrected!
IC 34-28-8

From how I read this, they cannot require that you share any information, and cannot provide any benefit for you voluntarily sharing any information (like provide insurance if you register your firearm with them).

They can still ask.

I guess so. There's a real fine line between asking and demanding when is comes to employee/employer relationships.

 

[DarkRose]

WRONG.

Effective 07/01/2011

http://www.in.gov/legislative/bills/2011/PDF/SB/SB0411.1.pdf

Not sure where it got shoved into the IC...

Yup, that appears to be what they called "parking lot 2.0", it was clarification and additional language to specify that employers could not ask.