HB 1065 - Authorizing Firearms at Workplace - Indiana Key Vote

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Title: Authorizing Firearms at Workplace

Vote Smart's Synopsis:

Vote to adopt a conference report that authorizes employees, unless below listed as exempt, to have firearms and ammunition in locked vehicles at work.

Highlights:

-Prohibits restriction of the lawful possession, transfer, sale, transportation, storage, display or use of firearms or ammunition during the following (Sec. 2):

    -Disaster Emergency; -An Energy Emergency; or -Local Disaster Emergency
-Prohibits possession, transfer, sale, transportation, storage, display and use of a firearm or ammunition in or on the following during any of the conditions above (Sec. 2):
    -In or on school property; -In or on property that is being used by a school for a school function; -On a school bus; -On the property of:
      -A childcare institution; -An emergency childcare shelter caring institution; -A private secure facility; -A group home; -An emergency shelter care group home; -A penal facility; or -A domestic violence shelter;
    -In violation of federal law; -In or on property belonging to an approved post secondary education institution; -At a person's residence; or -Property owned, operated, used by or controlled by an entity that is required to:
      -Conduct vulnerability assessments; -Develop and implement a site security plan under the US Department of Homeland Security's Chemical Facility Anti-Terrorism Standards; or -Have a security plan under the Maritime Transportation Security Act of 2002.
-Defines "Governmental Entity" as the state or a political subdivision of the state (Sec. 4) -Prohibits employers from prohibiting employees who legally possess a firearm or ammunition from keeping the firearm or ammunition locked in the trunk, in the glove compartment, or stored out of plain sight in an employee's locked vehicle. (Sec. 7) -Exempts employers of the following from adopting or enforcing the ordinance (Sec. 7):
    -In or on school property; -In or on property that is being used by a school for a school function; -On a school bus; -On the property of:
      -A child caring institution; -An emergency childcare shelter caring institution; -A private secure facility; -A group home; -An emergency shelter care group home; -A childcare center; -A penal facility;
    -In violation of federal law; -In or on property belonging to an approved post secondary education institution; -At a person's residence; -Property of a person that is subject to the United States Department of Homeland Security's Chemical Facility Anti-Terrorism Standards issued on April 9, 2007; -Licensed by the United States Nuclear Regulatory Commission under Title 10 of the Code of Federal Regulations; -Property owned by:
      -A public utility that generates and transmits electric power; -A department of public utilities created under IC 8-1-11.1; or
    -In the personal vehicle of the employee, if the employee is a direct support professional who:
      -Works directly with individuals with developmental disabilities to assist the individuals become integrated into the Individuals community or the least restrictive environment; and -Uses the employee's personal vehicle while transporting an individual with developmental disabilities.
-Authorizes an individual who believes they have been harmed by a violation of this to act to bring a civil action against the person who is alleged to have made the violation (Sec. 7). -Authorizes the court to do the following in the case of violation of the lack of prohibition of firearms on work premises (Sec. 7):
    -Award actual damages and court costs and attorney's fees to the prevailing individual; and -Enjoin further violations of the chapter.

See How Your Politicians Voted

Title: Authorizing Firearms at Workplace

Vote Smart's Synopsis:

Vote to adopt a conference report that authorizes employees, unless below listed as exempt, to have firearms and ammunition in locked vehicles at work.

Highlights:

  • Prohibits restriction of the lawful possession, transfer, sale, transportation, storage, display or use of firearms or ammunition during the following (Sec. 2):
    • Disaster Emergency;
    • An Energy Emergency; or
    • Local Disaster Emergency.
  • Prohibits possession, transfer, sale, transportation, storage, display and use of a firearm or ammunition in or on the following during any of the conditions above (Sec. 2):
    • In or on school property;
    • In or on property that is being used by a school for a school function;
    • On a school bus;
    • On the property of:
      • A childcare institution;
      • An emergency childcare shelter caring institution;
      • A private secure facility;
      • A group home;
      • An emergency shelter care group home;
      • A penal facility; or
      • A domestic violence shelter;
    • In violation of federal law;
    • In or on property belonging to an approved post secondary education institution;
    • At a person's residence; or
    • Property owned, operated, used by or controlled by an entity that is required to:
      • Conduct vulnerability assessments;
      • Develop and implement a site security plan under the US Department of Homeland Security's Chemical Facility Anti-Terrorism Standards; or
      • Have a security plan under the Maritime Transportation Security Act of 2002.
  • Defines "Governmental Entity" as the state or a political subdivision of the state (Sec. 4)
  • Prohibits employers from prohibiting employees who legally possess a firearm or ammunition from keeping the firearm or ammunition locked in the trunk, in the glove compartment, or stored out of plain sight in an employee's locked vehicle. (Sec. 7)
  • Exempts employers of the following from adopting or enforcing the ordinance (Sec. 7):
    • In or on school property;
    • In or on property that is being used by a school for a school function;
    • On a school bus;
    • On the property of:
      • A child caring institution;
      • An emergency childcare shelter caring institution;
      • A private secure facility;
      • A group home;
      • An emergency shelter care group home;
      • A childcare center;
      • A penal facility;
      • In violation of federal law;
    • In or on property belonging to an approved post secondary education institution;
    • At a person's residence;
    • Property of a person that is subject to the United States Department of Homeland Security's Chemical Facility Anti-Terrorism Standards issued on April 9, 2007;
    • Licensed by the United States Nuclear Regulatory Commission under Title 10 of the Code of Federal Regulations;
    • Property owned by:
      • A public utility that generates and transmits electric power;
      • A department of public utilities created under IC 8-1-11.1; or
      • In the personal vehicle of the employee, if the employee is a direct support professional who:
    • Works directly with individuals with developmental disabilities to assist the individuals become integrated into the Individuals community or the least restrictive environment; and
    • Uses the employee's personal vehicle while transporting an individual with developmental disabilities.
  • Authorizes an individual who believes they have been harmed by a violation of this to act to bring a civil action against the person who is alleged to have made the violation (Sec. 7).
  • Authorizes the court to do the following in the case of violation of the lack of prohibition of firearms on work premises (Sec. 7):
    • Award actual damages and court costs and attorney's fees to the prevailing individual; and
    • Enjoin further violations of the chapter.

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