UPDATE
"Bring Your Gun to Work" Signed Into Law
A few weeks ago, Ice Miller had an article about a bill pending in both houses of the Indiana General Assembly that would make "take your gun to work" a right for most Indiana employees. Governor Mitch Daniels signed the bill into law on March 18, 2010.
In the late hours of March 4, 2010, the Indiana House and Senate both voted by overwhelming majorities (74-20 in the House; 41-9 in the Senate) to approve the bill that makes it illegal for employers in Indiana to adopt any policy or rule that prohibits employees (or contractors) from having firearms in their locked vehicles while the vehicle is on company property. This was the third attempt to pass a "take your gun to work" law in Indiana. The law goes into effect July 1, 2010. Indiana joins 11 other states with similar laws.
There are some exemptions written into the law for specific industries. Public utilities, correctional facilities, private residences, businesses licensed by the U.S. Nuclear Regulatory Commission and regulated by the federal Department of Homeland Security's anti-terrorism standards, and agencies whose drivers transport the developmentally disabled are all exempted and may adopt gun bans without violating the law. In addition, schools, universities, child care centers, domestic violence shelters and group homes are also free to adopt gun bans. All other employers are covered by the new law.
Supporters of the bill expressed their backing of the law because they believe it is necessary to protect the rights of those employees who may want to go hunting before or after work, and to protect those who believe they need to have a gun available in their car to defend themselves on the way to and from their jobs. For supporters, it is a fundamental constitutional issue of protecting the right to keep and bear arms.
Many employers and business groups, including the Indiana Chamber of Commerce and Indiana Manufacturers Association, strongly opposed the bill and still believe that the law clearly violates employers' property rights and severely inhibits employers' ability to maintain safe workplaces.
Those opposed to the bill point to the recent shooting in Portage, Ind., just two days after the bill passed both houses, as evidence of the real dangers of allowing employees to bring their guns to work. A poor performance review led a Department of Workforce Development employee to go to his car and retrieve a 12-gauge shotgun. He returned and fired two rounds from the semi-automatic gun. One shot went through the front door of the office building where he worked and the other was aimed at employees, but missed, according to witnesses. The man was captured by police as he was reloading his gun in front of the office.
With the governor's signature, Indiana employers now need to closely review their current workplace violence policies and gun restriction rules. Many employers in Indiana have implemented "zero tolerance" policies to prevent violence in the workplace. Many of those policies provide for a total ban on guns and other weapons, including restrictions against bringing firearms onto company parking lots or parking garages. It is now incumbent upon Indiana employers to adopt policies and rules that are consistent with the new law and specific with respect to how the issue of firearms on company property should be handled, especially in light of employer's continuing obligation to provide a safe workplace. The Indiana version of "take your gun to work," authorizes civil lawsuits by employees, including the payment of the employee's attorneys fees, if they win, so employers need to be proactive in addressing their policies.
If you have questions about this new law, please contact Paul Sinclair. Sinclair is a partner in Ice Miller's Labor and Employment Group.
This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.