Fired From Work For Having Gun In Car

[arthrimus]

Tap the brakes. I am reinforcing your point.

I appreciate it. I didn't mean to appear on the attack, I was just trying to figure out which way you were going with it.

 

[Old_grunt]

IC 34-28-7(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.

The way I read the law it only prevents the employer from telling you that you cannot have it out there it does not stop the employer from firing you

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;

Taken from http://www.in.gov/legislative/ic/archive/2012/ic/2012/title34/ar28/ch7.pdf

 

[VERT]

Isn't your vehicle defined as curtilage in terms of the self defense statutes? Would that apply in this case?

IANAL. Just asking.

In terms of Self Dense law yes. Keep in mind that shooting somebody is a crime. The defense for doing this is that your life was in danger. So if a person is trying to "car jack" you it is reasonable to defend yourself. That really does not apply here.

Honestly I wish the whole "bring your gun to work" or "OK to have a gun in the car" debate never came up. IMO the discussion is really about property rights. My opinion is that a vehicle with a title and that is taxed is property owned by that individual. So as long as what is in that vehicle is legal then that is my business. My employer has a no alcohol on property and no pornography rule. Should a person get fired for having a six pack of beer and Playboy in their trunk? I would say no. Now if they were keeping that stuff in their desk drawer or locker it would be a bit different. Nobody needs to know what is legally in my car or my home. This is of course my opinion and really does not affect the OP.

I do not know the whole story. But if this person had a legal firearm in their vehicle and the vehicle was not in a prohibited place, then the employer had no justification for firing the employee. It was no fault of the employee that their car was broken into.

 

[searpinski]

I would tell him not to waste his money on a lawyer!

In Indiana an employer cannot tell you that you cannot have a gun in your car, so he was legal there and the employer cannot go after him for that.
However in Indiana an employer can fire you for whatever they want as long as it is not for race, sex, weight or other things that are liberal protected.

This. That's Indiana.

 

[SaintsNSinners]

IANAL but I have learned a lot from Guy Relford.

 

[Fargo]

This. That's Indiana.

You do know that Guy has successfully litigated more that a few of these cases, right??? All on "at will" employees, right???

Indiana "at will" is not unlimited "at will". It is, for example, limited by IC 34-28-7-2.

Best,

Joe

 

[SaintsNSinners]

Nov 22.. keep that date in mind

 

[SaintsNSinners]

Any employer can fire you for being a veteran or your face or religion, but the moment he tells you that's why he fired you it's an illegal termination.

Gun owners became a protected class last year.

 

[Hotdoger]

Nov 22.. keep that date in mind


I have and will. If not my bride of 32 years might shoot me. LOL

 

[zippy23]

You expect the union to help? That money those people pay goes to political parties and fat salaries for the union boss to keep the democrat donations flowing, you get no help from your union, of course there are some cases where the union helps the employee, but it is the huge minority, the large ones take your money, force higher prices on the business, eventually becoming just like GM, priced themselves out of jobs, then gotta fire tons of people, yet union bosses remain rich and the CEO remains rich, while the due payers get screwed. this guy should sue someone that is for sure.

 

[Fargo]

Any employer can fire you for being a veteran or your face or religion, but the moment he tells you that's why he fired you it's an illegal termination.

Gun owners became a protected class last year.

Kinda, but not really. It is an illegal termination the moment he does it. Your ability to meet your burden of proof in court is the only thing really affected by him telling you his reason.

It also is possible, albeit much more difficult, to meet that burden even if he gives no reason. If you can convince the jury it is more likely than not that you were fired for a "bad" reason, you win.

Best,

Joe

 

[timsdl72]

I just shake my head at the idea that rights are unlimited. I believe it was July 1 this year that saw a new state recognition of the right to keep and bear extended to a vehicle parked on an employer's property. Even that recognition came with caveats as listed by homeland security (and maybe others). If an employer gives a stated reason for termination that is in violation of any section of law or protected class, the "at will" issue is not relevant. It's time to lawyer up. It's obvious our advice is worthless and convoluted though it is free and worth every penny! Maybe.

 

[HeadlessRoland]

Nov 22.. keep that date in mind

Catching Fire?

[video=youtube;_ueJNO3-Ink]http://www.youtube.com/watch?v=_ueJNO3-Ink[/video]

 

[ryknoll3]

First, get a copy of the URL that you want people to go to. Highlight the address bar by clicking in it and then press the Control-a. The whole bar should be darkened. Then hit Control-c to capture the address

Place your cursor where you want it to be on the post and type the text that you want it to be... such as

Good Article that Everyone Should Read.

Highlight that text by dragging your cursor over it.]

click on the little icon button above this that has a ball and chain. It will open and give you a place to copy the URL address you have. Save it and then save the post. The URL will now be hidden in the text.

Little sidebar, but Alt+D will also jump you straight into your address bar AND highlight all of the text. Saves a click

 

[GunsNstuff]

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.

 

[Miketodd]

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.

Have you learned nothing in 144 post on INGO? Indiana issues a License to Carry Handgun not a permit.

 

[brg1966]

Well, I would contact the NRA and state law makes it legal to carry your firearm to work. The reason I know about this is at old place of employment when the new law was passed they attempted unsuccessfully to make all hand gun owners register their guns with the company and prove we had been properly trained to carry. We contacted the NRA and they had a lawyer contact my company and the registration rule was dropped.

 

[Bunnykid68]

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.

Well, I would contact the NRA and state law makes it legal to carry your firearm to work. The reason I know about this is at old place of employment when the new law was passed they attempted unsuccessfully to make all hand gun owners register their guns with the company and prove we had been properly trained to carry. We contacted the NRA and they had a lawyer contact my company and the registration rule was dropped.

This all depends on which company this man worked for, some are still prohibited from having firearms in their vehicles. Which was stated several times in this thread

 

[brg1966]

This all depends on which company this man worked for, some are still prohibited from having firearms in their vehicles. Which was stated several times in this thread

Point taken. I didn't see anyone mention contacting the NRA and getting them involved.

 

[RLC]

Many employers can and will terminate workers for firearms possession on their property. If you're on the employer's property and they're subject to any regulations under TSCA (Toxic Substances Control Act), OSHA's PSM (Process Safety Management), Or Dept of Homeland Security our right to carry is over ridden. I travel to construction projects all over the US including IN. I see or hear about at least one guy fired every year and they never come back. I can only speak to Refining, Power and Chemical Industies as Ive been at it 30 plus years. I'm not sure about offices an other private businesses in non regulated areas... And yes I have the lifetime license but I also need to work a little bit longer...