Policy is "No Firearms"

[lovemachine]

How did you get this? The law protects you. Political subdivisions cannot make ANY rules, policies, etc, regulating firearms. If you carry there and are affected by an illegal rule, you can sue that particular political subdivision.

From the posts below, I thought they were saying that county an state didnt apply. And they could make their own rules.

I really don't understand all this legal stuff.

IC 34-28-7-2 only applies to privately owned businesses, the state and county can still do what ever they want. IC 35-47-11.1-2 does apply to the county because it is a "political subdivision of the state. The state is still exempt for this as well.

The law doesn't say anything about county or state property. That is covered in 35-47-11.1-2. Similar to Open Carry, the law is silent, and thus is not prohibited. Here are the only situations where an employer would be exempted from the law:

 

[Hoosierdood]

From the posts below, I thought they were saying that county an state didnt apply. And they could make their own rules.

I really don't understand all this legal stuff.

Just carry there, and if anyone has a problem with it, just tell them that INGO said it would be OK.


Seriously though, in my reading of the Indiana Code, it seems pretty clear that a highway department can't regulate firearms since they would fall under a "political subdivision." I wouldn't hesitate to keep my gun in my car while at work there.

 

[bigg cheese]

The whole idea is concealed. It has to be stored out of plain sight no matter what. I actually emailed the governor about this around the time that he signed the bill last year, and it never got a response.

 

[lovemachine]

Thanks guys. I'm sorry, but all this gives me a headache

 

[Mr. Habib]

Think of it like this; it's not illegal to carry there, but you will subject to their rules and may be told to leave or could be fired if you worked there.

 

[ATM]

Tell 'em to go pound sand.

 

[lovemachine]

Think of it like this; it's not illegal to carry there, but you will subject to their rules and may be told to leave or could be fired if you worked there.

But that's only when carrying while working, not having the gun in your car. Right?

 

[Chase515]

Can I still leave my handgun in my car at work? I work for a auto manufacturer and they claim DHS because of volitile chemicals on the property and a daycare on the same property. The parking lot where my vehicle is parked during production hours is gated on both entrances and fenced all the way around with a turn style to enter the plant. The daycare is a mile away from where I work and you have to exit the one parking lot and get on the highway and go up one light to make it to the daycare.

The original argument my employer had was they are a Free trade zone. But being a free trade zone is just a tax exemption and they still have to abide by state and local laws acording to the atf. So the parking lot bill would still work.

 

[youngda9]

They claim a daycare is on the same property? Connected property...a mile away?

 

[rockhopper46038]

No, the point that is being made here is that you cannot be subjected to civil or criminal penalties for having a firearm secured, out of view, in your vehicle because the recently passed state law allows you, as an employee, to have that freedom in all but a few proscribed locations. Also, to make it clear to the various political subdivisions (like cities, counties, state agencies and the like, a law was passed making it illegal for those subdivisions to make their own laws that were more restrictive than the State law. Unfortunately, being subject to civil or criminal penalty is DIFFERENT than your company or agency deciding to fire you for any reason they think they can defend, so long as they don't say you were fired for having a firearm out of view, secured, in your private vehicle, on company or agency grounds. And once again, there are a few places where the law does not apply, and you may NOT have the firearm in your vehicle.

 

[IndianaSigma]

DIGEST OF HB 1065 (Updated March 4, 2010 9:28 pm - DI 69)​

Various provisions concerning firearms. Prohibits a person, including an individual, a corporation, and a governmental entity, from adopting or enforcing a policy or rule that prohibits or has the effect of prohibiting an employee of the person, including a contract employee, from legally 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 sight in the employee's locked vehicle while the vehicle is in or on the person's property, unless the firearm or ammunition requires a certain federal license to possess. Exempts possession of a firearm or ammunition: (1) on school property, on property used by a school for a school function, or on a school bus; (2) on certain child care and shelter facility property; (3) on penal facility property; (4) in violation of federal law; (5) on property belonging to an approved postsecondary educational institution; (6) on the property of a domestic violence shelter; (7) at a person's residence; (8) on the property of a person that is subject to the United States Department of Homeland Security's Chemical Facility Anti-Terrorism Standards and licensed by the United States Nuclear Regulatory Commission; (9) on property owned by a public utility that generates and transmits electric power or a department of public utilities; and (10) in an employee's personal vehicle if the employee is a direct support professional who uses the employee's personal vehicle while transporting an individual with developmental disabilities. Provides that a court does not have jurisdiction over an action that: (1) is brought against an employer who is in compliance with the prohibition against adoption or enforcement of a policy or rule that prohibits the possession of a firearm in a locked vehicle; and (2) is brought to recover for any injury or damage resulting from the employer's compliance. Authorizes a person harmed by a violation to bring a civil action for damages, costs, attorney's fees, and injunctive relief to remedy a violation. Prohibits the state, a political subdivision, or any other person from prohibiting or restricting the lawful possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during a declared disaster emergency, energy emergency, or local disaster emergency, subject to exceptions that apply to the prohibition against adoption or enforcement of a policy or rule that prohibits the possession of a firearm in a locked vehicle. Repeals provisions that allow certain political subdivisions to adopt emergency ordinances to regulate firearms if a local disaster emergency has been declared. Deletes an outdated reference.

 

[Mr. Habib]

But that's only when carrying while working, not having the gun in your car. Right?

That applies all of the time. I work a IU. Their policy states that I can be terminated for just bringing a weapon onto their property. If it's in my car or on my person doesn't matter. It doesn't matter that they refuse to even define what is or is not a weapon. I can even be fired if I know or even think that a coworker has weapon and don't report them! Their rule is so vague that if I saw a coworker using a tool to do their job and someone at IU decided to define that tool as a weapon, I could be fired on the spot for not reporting them for having that tool that IU supplied to them. It's completely ridiculous, but that's the way the policy is written. This is why Senator Banks is working to fix this.

 

[bigg cheese]

Unless they're exempted by state law (don't know about IU), their policy has no weight behind it. Best suggestion:

Don't ask for clarification. Use common sense and keep it out of sight. If they ever terminate you for that reason, get it in writing, and sue.

 

[scott08]

Like everyone else at work I keep it in the car. We are all pretty mum about it so no one is tempted to try and get to it.

Thanks

 

[Chase515]

Yes, connected property and no joke its a mile away from the plant/ parking area.

They claim a daycare is on the same property? Connected property...a mile away?

 

[longbow]

I love to say this....and it has been about a year since I said it last.....

Our company owns a shooting range/sporting clays operation and we take customers to it as a perk. It is not uncommon for guns and golf clubs to be in company cars..................

 

[IndyBeerman]

I carry in my car to work , If certain people new this I could be fired , but not arrested . the company handbook says no firearms on company property . I am pretty sure they own the parking lot .

Unless is is a exempt employer, if you are fired for having a firearm locked in your vehicle and they tell you that is why you was fired, then you may legally sue them because it is legal to have your firearm in it if you are a LTCH holder, regardless of it is their parking lot.

SO unless you work for an exempt company, you're good to go.

 

[Indy_Guy_77]

There seems to be a little confusion / mission creep about what's being asked, and what's being answered:

To the original question: With very few exceptions, it's LEGAL to have a firearm in your car while parking on county / state government property. Off the top of my head, nothing readily comes to mind as a verboten property, but the State parking garages down town MIGHT be exempt. I cannot remember.

Also, with very few exceptions, the new state law, in effect 1 July 2011 protects a person from being fired specifically for having a weapon in their vehicle. You could still be fired for "something else"...

And those employers who sought, and were granted, exemptions from the new law (Eli Lilly, for one) can still fire an employee for having a firearm in a vehicle on company property without fear of recourse from the employee for a wrongful termination.

Also, at one time, having worked with just about every INDOT maintenance unit, subdistrict, and district personnel over the course of my almost 5 years with INDOT; I'd wager that most of 'em outside of the cities had some kind of gun in their car anyway. Including the foremen.

-J-

 

[IndyBeerman]

That is Walmarts policy.

I see your trying for that fifty, care to elaborate a little more fenderbass?

Wal-Mart Indiana?

Do you work there?

Information is a wonderful, you just need to type it out.

If it's a Wal-Mart here in Indiana they can spout off at the mouth all they want about it being "Policy" because their policy don't mean jack squat because of HB1065, that is unless you decide against leaving it in your car and decide to carry it into the store, then have a nice day.

 

[Hammerhead]

Wal-Mart does not necessarily have a policy against firearms in the parking lot in employee vehicles. They do have one against carrying or taking one in and locking it in your locker while working.