[Patriots] HB 1065 is now law

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  • HK45Mark23

    Marksman
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    Dec 31, 2008
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    It means you don’t have the immunity, you can still carry. It is not illegal, just not protected.

    I have and always will carry to the work place, no matter company policy. This law only protects some people from losing their jobs.

    We have made progress, it’s not perfect but progress none the less.

    Perfect would be to have the ability to exercise your God given right that is protected by the Bill of Rights uninfringed as was originally wrote by our founding fathers.
    To be licensed means you’re guilty till proven innocent. To not need a license means your innocent till proven guilty.

    Think about it, to be licensed to carry a gun is an infringement upon your right to carry a gun.

    You know that you don’t even need a license to be married?

    There is a rich history as to how the marriage licenses came about and how the law is different for a marriage under license as one not under license where common law prevails.
     

    MTC

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    Perfect would be to have the ability to exercise your God given right that is protected by the Bill of Rights uninfringed as was originally wrote by our founding fathers.
    To be licensed means you’re guilty till proven innocent. To not need a license means your innocent till proven guilty.

    Think about it, to be licensed to carry a gun is an infringement upon your right to carry a gun.
    This is how I've always looked at it as well. And anyone who supports the implementation or expansion of the gun control/licensing regime, under any pretext, signals at the very least a tacit, if not active approval of the violation of my right to keep and bear arms.
     

    Cemetery-man

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    It means you don’t have the immunity, you can still carry. It is not illegal, just not protected.

    I am truly happy for everyone that this law will effect in a positive way. I just wish I could share your excitement. From the body language and statements in the office last Friday, I fear we can more then likely expect a change to our handbooks soon that will make it clear that having a gun at work (anywhere) will mean a visit to the unemployment office.
     

    Tim7442

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    Dec 10, 2009
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    Could someone shed some light on these two lines? Interested in a list of facilites that would fall under section 8.

    (C) a private secure facility;

    (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
     

    Bill of Rights

    Cogito, ergo porto.
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    Where's the bacon?
    Could someone shed some light on these two lines? Interested in a list of facilites that would fall under section 8.

    (C) a private secure facility;

    (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
    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 child caring institutions, foster family homes, group homes, and child placing agencies after consultation with the following:
    (1) State department of health.
    (2) Fire prevention and building safety commission.
    (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 private secure facility if the facility:
    (1) meets the minimum standards required under subsection (c);
    (2) provides a continuum of care and services; and
    (3) is:
    (A) licensed under IC 12-25, IC 16-21-2, or IC 31-27-3; or
    (B) a unit of a facility licensed under IC 12-25 or IC 16-21-2;
    regardless of the facility's duration of or previous licensure as a child caring institution.
    (f) A waiver of the rules may not be granted for treatment and reporting requirements.



    DHS | Identifying Facilities Covered by the Chemical Security Regulation

    Hope these help! :)

    Blessings,
    Bill
     
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    HK45Mark23

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    I am truly happy for everyone that this law will effect in a positive way. I just wish I could share your excitement. From the body language and statements in the office last Friday, I fear we can more then likely expect a change to our handbooks soon that will make it clear that having a gun at work (anywhere) will mean a visit to the unemployment office.

    So what is different. I have worked places that if they knew I was carrying and they even told me that if they found out I was carrying I would be fired. So what, I think my life is worth much more than a job.
     

    Bill of Rights

    Cogito, ergo porto.
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    Where's the bacon?
    A member dropped me a PM this evening and asked me if the list of exemptions to P.L. 90-2010 had been posted anywhere on INGO. I replied that while links to the actual text of the law had been posted several times, I was not aware of the list being made available for easy viewing.

    As such, the list follows:

    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.


    Of note, P.L. 90-2010 does not make the presence of a firearm or ammunition in one's locked vehicle in opposition to such rules, policies, resolutions, or ordinances a crime, though other laws may do so.

    Hope this helps! :)

    Blessings,
    Bill
     

    sj kahr k40

    Grandmaster
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    Sep 3, 2009
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    Don't ask Don't tell

    Everyone still needs to remember to keep quiet about you firearm in their car, in Indiana employers need no reason to let someone go, all this law really does is make HR dept. use a little more time to think up a reason to let anyone go. Don't talk about firearms at work is my policy.

    It could also mean collecting unemployment benefits. Right now getting fired for breaking a company policy is considered being fired for just cause and the company may fight you on unemployment benefits, after July 1 they can just say " sorry business is down and we have to let you go" and you can collect unemployment.
     
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    Cemetery-man

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    I think my life is worth much more than a job.

    You must not be 11 months away from retiring. If I lose my job before then, I lose my pension. No thanks. Not a chance I'm willing to take.

    Besides, with the exception of me and my co-worker, everyone within 83 acres is already dead where I work so a gun isn't going to help if they decide to attack anyway. ;)
     

    jsgolfman

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    Oct 20, 2008
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    Greenwood
    Yes, kids, sometimes the pols do read acknowledge your emails:

    "Dear Mr. XXXXXX,
    Thank you for your letter and for sharing your thoughts with the Governor. He appreciates the time you took to share your views on this subject.

    House Bill 1065, various provisions concerning firearms, passed the Indiana General Assembly and was signed by Governor Daniels. This bill will go into effect on July 1, 2010.

    Governor Daniels statement regarding HEA 1065:
    "Considering the clear language of the Second Amendment of the U.S. Constitution, and the even stronger language of Article 1 Section Thirty-Two of the Indiana Constitution, protecting these rights as provided in HEA 1065 is appropriate. I also am compelled to give great weight to the overwhelming consensus of both Houses of the General Assembly as they passed this bipartisan statute. The law does contain ambiguities that the General Assembly may wish to refine at some future date, to avoid unnecessary litigation, but the understandable concerns raised against the bill do not suffice to justify a trespass on a fundamental right so expressly protected by our founding documents."

    The 2010 Bill Watch on the governor's website has been established. We will continue to update the website as bills are received and/or action is taken by the governor. You may view this webpage at Governor Daniels: 2010 Bill Watch.

    Please be assured that Governor Daniels monitors all legislation very closely as it proceeds through the legislative process and thoroughly reviews all bills that are brought to him for approval or veto.

    Thank you for your citizenship.

    Sincerely,


    Kristen Kane
    Constituent Services
    Office of the Governor
     

    cagilber

    Sharpshooter
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    Updated...now that I've read the email from the company looks like my co-worker "jumped the gun" on interpreting it.
     
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    dross

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    It will be interesting to see if businesses now have to renegotiate and pay higher rates for their general liability insurance.
     

    immortallyinsane

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    Mar 1, 2009
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    On my way out from work today I got a call from a co-worker that said he just got an email that said Cummins plans on keeping their ban on employees keeping firearms in the parking lot.

    I'll update more tomorrow when I get to read the email myself.

    I got this email today and it did state for the time being the current policy about no firearms in owned parking lots is still in effect.
     

    Boarslayer

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    Now wait a minute. If I am working at a buisness that is exempt(I wonder how much they had to donate to get the exemption) does that mean they are taking the liability of my saftey e.g. from carjacking ,robbery ,asult,etc...,on to themselves so that I can sue them if anything happens to me on my way to and from work?
     

    Bill of Rights

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    Where's the bacon?
    Now wait a minute. If I am working at a buisness that is exempt(I wonder how much they had to donate to get the exemption) does that mean they are taking the liability of my saftey e.g. from carjacking ,robbery ,asult,etc...,on to themselves so that I can sue them if anything happens to me on my way to and from work?


    Probably not.
     
    Rating - 0%
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    Nov 17, 2008
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    NE Indiana
    Now wait a minute. If I am working at a buisness that is exempt(I wonder how much they had to donate to get the exemption) does that mean they are taking the liability of my saftey e.g. from carjacking ,robbery ,asult,etc...,on to themselves so that I can sue them if anything happens to me on my way to and from work?
    Nope, but they will probably drop a call to your family after its all over with and done.
     

    Foxtrot

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    Aug 2, 2008
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    How do I know if my place of work is on the exempt list? Is there a list of company's posted somewhere? I'm a bit unsure if my workplace is on that list.
     
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