Fired From Work For Having Gun In Car

[Dirtebiker]

Immediately sue the employer. It is illegal for them to fire him for having a gun in his car. Assuming he had a carry permit.

Do you really think that you must have a license to have a gun in your car?

 

[Clay]

I would bet you dollars to donuts that based on what they do they are exempt from the indiana law due to what they have on site. My company has places that do similar things and is subject to homeland security requirements, there by meeting one of the few exemptions to the Indiana law.

 

[DGansert]

Wow, hope it turns out in your favor!

 

[2ndAMEND]

I was once told that leaving your firearm in the car unattended was illegal. From a guy who claimed his was stolen from his truck. He said he lost his permit from it as well. . Is this claim baseless?

 

[LockStocksAndBarrel]

I was once told that leaving your firearm in the car unattended was illegal. From a guy who claimed his was stolen from his truck. He said he lost his permit from it as well. . Is this claim baseless?

That is as true as the rumor that the lifetime LTCH is going away.

In other words, your guy is full of sheisty.

 

[Miles42]

Understand this if the Parking lot is company [property and they have a no firearm policy on company property he doesn't have a leg to stand on. I worked for a company that clearly stated in their conditions of employment there was to be no firearms on company property and the employees lot was owned by the company. Our union would not back you if caught with a firearm as it was a cut and dry issue clearly stated.

 

[Bunnykid68]

Understand this if the Parking lot is company [property and they have a no firearm policy on company property he doesn't have a leg to stand on. I worked for a company that clearly stated in their conditions of employment there was to be no firearms on company property and the employees lot was owned by the company. Our union would not back you if caught with a firearm as it was a cut and dry issue clearly stated.

The law changed unless you are an exempted company

 

[stephen87]

My best friend was terminated from work becuase he had a handgun in his car. Only reason his work knew about the handgun is becuase someone broke into his car last week and stole the handgun. His works cameras got the guy who stole the gun on the security cameras. On his termination letter it was clearly stated he was fired because of having a firearm on company property. Doesnt the state law allow us to have a handgun in our car as long as the car is locked up?

Just wanted to add a few things to this post: The company parking lot is seperate from the building they work in. The parking lot is seperated by a city street. He is a Union worker. The union is giving him no help yet with being able to get his job back. He has left a message for Guy Relford and is waiting to hear from Guy.

STOP POSTING FOR HIM! He needs a lawyer. STAT!


Have not read any of this thread, I know it's been said, but it needs repeating.

 

[crispy]

How does a third party talking about a friend's situation affect his case in any way?

Get over yourselves... hypothesize away!

 

[lonehoosier]

Understand this if the Parking lot is company [property and they have a no firearm policy on company property he doesn't have a leg to stand on. I worked for a company that clearly stated in their conditions of employment there was to be no firearms on company property and the employees lot was owned by the company. Our union would not back you if caught with a firearm as it was a cut and dry issue clearly stated.

 

[stephen87]

How does a third party talking about a friend's situation affect his case in any way?

Get over yourselves... hypothesize away!

A lot of the time "my friend" is someone trying to cover for themselves. Not saying it's the case here, but it happens.

 

[Jeepster]

Most every manufacturing business will fall under the TSCA clause. There are around 90,000 chemicals on the TSCA list and growing daily. Pretty sure this was well thought out before the law was passed!

 

[Clay]

not really. Its not only the chemical but the quantity. and trust me, most businesses will try to stay under the quantity because the requirements and expense of being above it are significant.

 

[yote hunter]

That bits, my work place has the same in its hand book no firearms on the property... Interested how this comes out ... keep us updated please or send a PM and let me know .. thanks for the post... crazy just crazy....

 

[Marine1]

Get a wrongful termination lawer they can sue the employer

 

[bucncrazy]

There are some employers that the law doesnt cover, railroad,airline and other transportation type positions...

 

[stephen87]

Umm... Not quite.

IC 34-28-7
Chapter 7. Possession of Firearms and Ammunition in Locked Vehicles
IC 34-28-7-1 Application
Sec. 1. This chapter applies only to possession of a firearm or ammunition by an individual who may possess the firearm or ammunition legally. This chapter does not apply to the possession of a firearm, ammunition, or other device for which an individual must possess a valid federal firearms license issued under 18 U.S.C. 923 to possess the firearm, ammunition, or other device. As added by P.L.90-2010, SEC.7.

IC 34-28-7-2 Regulation of employees' firearms and ammunition by employers
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.
(b) Subsection (a) does not prohibit the adoption or enforcement of an ordinance, a resolution, a policy, or a rule that prohibits or has the effect of prohibiting an employee of the person, including a contract employee, from possessing a firearm or ammunition:
(1) in or on school property, in or on property that is being used by a school for a school function, or on a school bus in violation of IC 20-33-8-16 or IC 35-47-9-2;
(2) on the property of:
(A) a child caring institution;
(B) an emergency shelter care child caring institution;
(C) a private secure facility;
(D) a group home;
(E) an emergency shelter care group home; or
(F) a child care center; in violation of 465 IAC 2-9-80, 465 IAC 2-10-79, 465 IAC 2-11-80, 465 IAC 2-12-78, 465 IAC 2-13-77, or 470 IAC 3-4.7-19;
(3) on the property of a penal facility (as defined in IC 35-31.5-2-232);
(4) in violation of federal law;
(5) in or on property belonging to an approved postsecondary educational institution (as defined in IC 21-7-13-6(b));
(6) on the property of a domestic violence shelter;
(7) at a person's residence;
(8) on the property of a person that is:
(A) subject to the United States Department of Homeland Security's Chemical Facility Anti-Terrorism Standards issued April 9, 2007; and
(B) licensed by the United States Nuclear Regulatory Commission under Title 10 of the Code of Federal Regulations;
(9) on property owned by:
(A) a public utility (as defined in IC 8-1-2-1) that generates and transmits electric power; or
(B) a department of public utilities created under IC 8-1-11.1; or
(10) in the employee's personal vehicle if the employee, including a contract employee, is a direct support professional who:
(A) works directly with individuals with developmental disabilities to assist the individuals to become integrated into the individuals' community or least restrictive environment; and
(B) uses the employee's personal vehicle while transporting an individual with developmental disabilities.
As added by P.L.90-2010, SEC.7. Amended by P.L.114-2012, SEC.66.

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.

IC 34-28-7-4 Other rights and remedies
Sec. 4. This chapter does not limit a person's rights or remedies under any other state or federal law.
As added by P.L.90-2010, SEC.7.

IC 34-28-7-5 Jurisdiction over action against employer
Sec. 5. A court does not have jurisdiction over an action brought against an employer who is in compliance with section 2 of this
chapter for any injury or damage resulting from the employer's compliance with section 2 of this chapter.

I know it's a kind of long read, but if you're gonna spout it, make sure it's right.

 

[scootn103]

It's in our HR handbook as well . It's not worth it too me , but on the same token , my life is more important then my job . Interesting to see how this turns out .

 

[stephen87]

I already posted the IC. Keep carrying to work, so long as it isn't on the prohibited list, and take action if something ever comes of it.

 

[30calmachinegunner]

What action are you going to take, in Indiana it's employment at will, you can be let go for any or no reason, contracts and union representation can help IF they choose to