Leaving gun in vehicle at work? Fired

[Redtbird]

Okay, this isn't a 'work place' for me, but when I have to go to the VA Hospital in Indy, I leave my sidearm at home. I called and talked to the hospital police and was told, "No weapons on the person or on the grounds".

As others can't afford to lose a job, I cannot afford to lose my VA benefits. I can go "naked" for one day.

 

[w_ADAM_d88]

As is Eli Lilly also.

Links to the exemptions?

 

[HoughMade]

This post is not going to be legal advice, just a post of the law and a comment or two. Before taking any actions which could jeopardize your freedom or job, please consult a attorney.

Please read the statute attached here:

Indiana Code 34-28-8

As to this discussion, please note this:

Notwithstanding section 6 of this chapter, this chapter does not prohibit a public or private employer from:
(1) regulating or prohibiting the possession or carrying of a firearm by an employee during and in the course of the duties of the employee on behalf of the employer or while on the property of the employer [emphasis added]

I don't know about any "secured facility" exception, so if someone has a cite to that, I'd be interested. Also, if there is federal law that allows certain employers to restrict guns beyond the state law, that would likely be enforceable under current law.

As an aside, I hope none of you who are preferring your employment over protesting a no-guns employment policy are among those who called Remington a sell-out for not moving out of New York. Personally, I understand why y'all....and Remington, have made those choices.

 

[Spike_351]

IC 35-28-7-2 look into it and call Guy Relford, and tell security to **** off if they demand to search your vehicle, I only let the police do that with damn good reason.

 

[IndyBeerman]

Any "secured facility" is exempt. So if your company has a fence and employees labeled as "security" they're exempt. Any facititly also licensed under the Nuclear Regulatory Commission, is exempt. This includes many hospitals with nuclear medicine or imaging services.

You are not totally correct in your definition, just because a workplace may have a fenced in area with security does not classify it as exempt.

 

[HoughMade]

You are not totally correct in your definition, just because a workplace may have a fenced in area with security does not classify it as exempt.

Where, in the law, is this exemption found? Curious. Federal? Another state statute?

 

[KLB]

This post is not going to be legal advice, just a post of the law and a comment or two. Before taking any actions which could jeopardize your freedom or job, please consult a attorney.

Please read the statute attached here:

Indiana Code 34-28-8

As to this discussion, please note this:



I don't know about any "secured facility" exception, so if someone has a cite to that, I'd be interested. Also, if there is federal law that allows certain employers to restrict guns beyond the state law, that would likely be enforceable under current law.

As an aside, I hope none of you who are preferring your employment over protesting a no-guns employment policy are among those who called Remington a sell-out for not moving out of New York. Personally, I understand why y'all....and Remington, have made those choices.

The next line of the section you quote is

However, a regulation or prohibition adopted under subdivision (1) may not apply to a firearm stored or transported in accordance with IC 34-28-7.

 

[IndyBeerman]

SOURCE: IC 34-28-7; (10)HE1065.1.7. --> SECTION 7. IC 34-28-7 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:

Chapter 7. Possession of Firearms and Ammunition in Locked Vehicles
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.
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 35-41-1-21);
(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.
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.
Sec. 4. This chapter does not limit a person's rights or remedies under any other state or federal law.
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.

 

[GodFearinGunTotin]

 

[Nim]

I know someone who was working as a security guard at a local warehouse. He was issued a firearm by the company but he decided to also carry a backup, his personal gun, in an ankle holster.

The company somehow foundout and fired him for that.

I can only scratch my head on that one.

 

[HoughMade]

Thanks. Does anyone know of a case, statute or regulation defining a "private secure facility"?

 

[KW730]

IC 31-27-2-4
Rules; establishment of standards
Sec. 4. (a) The department shall adopt rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1, concerning the licensing and inspection of:
(1) child caring institutions, foster family homes, group homes, and child placing agencies after consultation with the following:
(A) State department of health.
(B) Fire prevention and building safety commission; and
(2) child caring institutions and group homes that are licensed for infants and toddlers after consultation with the division of family resources.
(b) The rules adopted under subsection (a) shall be applied by the department and state fire marshal in the licensing and inspection of applicants for a license and licensees under this article.
(c) The rules adopted under IC 4-22-2 must establish minimum standards for the care and treatment of children in a secure private facility.
(d) The rules described in subsection (c) must include standards governing the following:
(1) Admission criteria.
(2) General physical and environmental conditions.
(3) Services and programs to be provided to confined children.
(4) Procedures for ongoing monitoring and discharge planning.
(5) Procedures for the care and control of confined persons that are necessary to ensure the health, safety, and treatment of confined children.
(e) The department shall license a facility as a secure private facility if the facility:
(1) meets the minimum standards required under subsection (c);
(2) provides a continuum of care and services; and
(3) is licensed under IC 31-27-3.

The only thing I found, but this applies to juvenile facilities only. Maybe that's what IC 34-28-7 is referencing? I have no idea.

 

[wolfy2]

Man,Yahoooooo, you guys are awesome! Will call him as soon as I can find a #. Tryed to PM but couldn't-because I'm a newbie? Not enough posts.

 

[CathyInBlue]

Just a little article I found.....


Also passed last year was HEA 1065, the "take a gun to work bill," which is being amended this year by SB 411 to keep pesky employers from "asking their employees about any guns they might be keeping in their cars while at work."

From--- The Indiana Law Blog: Ind. Law - Review of some of this year's firearms legislation

Which is a blog entry from two years ago, meaning the new law happened last year.

 

[SmileDocHill]

Man,Yahoooooo, you guys are awesome! Will call him as soon as I can find a #. Tryed to PM but couldn't-because I'm a newbie? Not enough posts.

Here is his contact info. In his signature.

https://www.indianagunowners.com/fo...ty_and_cleaning_for_dummies_now_for_sale.html

I'm sure the link to his offices website will have office #'s.

 

[dansgotguns]

Wolfy I want to know your story. Send me and email. Unless you dont want to, obviously.

 

[HoughMade]

The only thing I found, but this applies to juvenile facilities only. Maybe that's what IC 34-28-7 is referencing? I have no idea.

Actually, in context, that makes sense. Thanks.

 

[wolfy2]

Thank you all for the help. Have contacted him,good guy. We're working on this now. Many support this in the work place,but are afraid to stick their necks out. Really do appreciate the input. Should have joined this group long ago.

 

[MrsGungho]

Links to the exemptions?

I do not have them handy. I know someone who works at Lilly and has told me he can't legally carry there.

 

[SaintsNSinners]

Lilly, Colleges, anything DHS or .gov secured, anything involving a Port