Carry in vehicle while working with the disabled

[Buzoido]

I work in a home where several mentally disabled gentlemen live. I give care to them. A co-worker of mine recently got his carry permit, and has been leaving his gun in his glovebox. The box is locked, as well as the vehicle. He was going out to his car to leave, when someone from human resources pulled up and said (paraphrasing) "I heard indirectly that you may have a firearm in your glovebox when you come to work now. You need to make it so that isn't the case." This is where I need clarification...

IC 34-28-7
Chapter 7. Possession of Firearms and Ammunition in Locked Vehicles
IC 34-28-7-1
Application
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.
As added by P.L.90-2010, SEC.7.

IC 34-28-7-2
Regulation of employees' firearms and ammunition by employers
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.
As added by P.L.90-2010, SEC.7.
IC 34-28-7-3
Civil actions
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.
As added by P.L.90-2010, SEC.7.

IC 34-28-7-4
Other rights and remedies
Sec. 4. This chapter does not limit a person's rights or remedies under any other state or federal law.
As added by P.L.90-2010, SEC.7.

IC 34-28-7-5
Jurisdiction over action against employer
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.
As added by P.L.90-2010, SEC.7.

I will be doing investigation into the matter, but as far as I know I am under no obligation to transport them in my vehicle, and to date I DO NOT do that. Am I legally allowed to have my pistol in my glove compartment? I try to follow the law as best as I can, especially when it pertains to weapons.
I am also concerned, what's would be the best way to approach this with Human Resources? I kind of need my job, and don't want to smash and toes... but I'm willing to dance with them a little. Thanks for any constructive feedback! Oh and please no... "just do it anyways" X-D

 

[Paco Bedejo]

This would be more conducive to keeping your job than talking to HR...if your HR is anything like the POSs I've dealt with in the past. It's also a lot more responsible than leaving firearms laying around inside self-propelled objects with wheels, IMO.

 

[Timjoebillybob]

I work in a home where several mentally disabled gentlemen live. I give care to them. A co-worker of mine recently got his carry permit, and has been leaving his gun in his glovebox. The box is locked, as well as the vehicle. He was going out to his car to leave, when someone from human resources pulled up and said (paraphrasing) "I heard indirectly that you may have a firearm in your glovebox when you come to work now. You need to make it so that isn't the case." This is where I need clarification...

(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;

I will be doing investigation into the matter, but as far as I know I am under no obligation to transport them in my vehicle, and to date I DO NOT do that. Am I legally allowed to have my pistol in my glove compartment? I try to follow the law as best as I can, especially when it pertains to weapons.
I am also concerned, what's would be the best way to approach this with Human Resources? I kind of need my job, and don't want to smash and toes... but I'm willing to dance with them a little. Thanks for any constructive feedback! Oh and please no... "just do it anyways" X-D

I think you were looking at the wrong part, I highlighted the part that would allow them to make the rule.

And yes just do it anyway. From your paraphrase of what was said, it sounded like he was told to shut the hell up about it, so she didn't hear about it.

IANAL/TINLA

 

[Indy_Guy_77]

someone from human resources pulled up and said (paraphrasing) "I heard indirectly that you may have a firearm in your glovebox when you come to work now. You need to make it so that isn't the case."

[obvious troll is obvious] How about securing it in the trunk? [/otio]

That way it can completely and honestly 100% be answered "no, there's nothing in my glovebox. Would you like to inspect it?"

-J-

 

[Bill of Rights]

"No, there's nothing in my glovebox of concern to you. What? You want to search? Got a warrant?"

There is nothing of concern to them because they're not committing any crimes against you. Alternatively, you (or he) can park on the street and remove any say they may have under the law. I'm thinking the latter would be my choice as the least confrontational and the least likely to result in them saying you're fired.

IANAL, TINLA.

Blessings,
Bill

 

[Buzoido]

that is a good idea Bill, thanks. wish I could park on the road but we are set off of a highway, not an option =\

and I figure that's probably just what i'll say, that they have no authority to search my vehicle