Bill Text: IN SB0411 | 2011 | Regular Session | Enrolled


Bill Title: Disclosure of firearm or ammunition information.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2011-05-18 - Effective 07/01/2011 [SB0411 Detail]

Download: Indiana-2011-SB0411-Enrolled.html


First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    SENATE ENROLLED ACT No. 411



     AN ACT to amend the Indiana Code concerning civil procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 10-14-3-33.5; (11)SE0411.1.1. -->
    SECTION 1. IC 10-14-3-33.5, AS ADDED BY P.L.90-2010, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 33.5. (a) Except as provided in subsection (b), the state, a political subdivision, or any other person may not prohibit or restrict the lawful possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during:
        (1) a disaster emergency;
        (2) an energy emergency; or
        (3) a local disaster emergency;
declared under this chapter.
    (b) Subsection (a) does not authorize the possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during an emergency described in subsection (a):
        (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; or
            (E) an emergency shelter care group home;
        in violation of 465 IAC 2-9-80, 465 IAC 2-10-79, 465 IAC 2-11-80, 465 IAC 2-12-78, or 465 IAC 2-13-77;
        (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; or
        (7) at a person's residence; or
        (8) (7) on property owned, operated, controlled, or used by an entity that:
            (A) is required to:
                (i) conduct a vulnerability assessment; and
                (ii) develop and implement a site security plan;
            under the United States Department of Homeland Security's Chemical Facility Anti-Terrorism Standards issued April 9, 2007; or
            (B) is required to have a security plan under the Maritime Transportation Security Act of 2002, Public Law 107-295.
SOURCE: IC 34-28-8; (11)SE0411.1.2. -->     SECTION 2. IC 34-28-8 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     Chapter 8. Disclosure of Firearm or Ammunition Information as a Condition of Employment
    Sec. 1. As used in this chapter, "firearm" has the meaning set forth in IC 35-47-1-5.
    Sec. 2. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13.
    Sec. 3. As used in this chapter, "private employer" means:
        (1) an individual;
        (2) a partnership;
        (3) a firm;
        (4) an association;
        (5) a corporation; or
        (6) a nonprofit organization;
that employs or offers to employ one (1) or more individuals in Indiana.
    Sec. 4. As used in this chapter, "public employer" means:
        (1) the state; or
        (2) a political subdivision;
including, but not limited to, a department, agency, board, commission, institution, authority, or instrumentality of the state

or a political subdivision.
    Sec. 5. As used in this chapter, "public official" means an elected or appointed official in the executive, legislative, or judicial branch of the state or a political subdivision, as well as an individual acting on behalf of a public employer, whether temporarily or permanently, including but not limited to, members of boards, committees, commissions, authorities, and other instrumentalities of the state or a political subdivision.
    Sec. 6. A public or private employer doing business in Indiana may not:
        (1) require an applicant for employment or an employee to disclose information about whether the applicant or employee owns, possesses, uses, or transports a firearm or ammunition, unless the disclosure concerns the possession, use, or transportation of a firearm or ammunition that is used in fulfilling the duties of the employment of the individual; or
        (2) condition employment, or any rights, benefits, privileges, or opportunities offered by the employment, upon an agreement that the applicant for employment or the employee forego the:
            (A) rights of the applicant or employee under this chapter; or
            (B) otherwise lawful:
                (i) ownership;
                (ii) possession;
                (iii) storage;
                (iv) transportation; or
                (v) use;
            of a firearm or ammunition.
    Sec. 7. (a) An individual aggrieved by what the individual believes is a violation of section 6 of this chapter may bring a civil action in a court with jurisdiction against a public or private employer or a public official that is alleged to have violated section 6 of this chapter.
    (b) If a person is found by a court in an action brought under subsection (a) to have violated section 6 of this chapter, the court may do the following:
        (1) Award:
            (A) actual damages;
            (B) court costs and attorney's fees; and
            (C) in the case of a knowing and willful violation, exemplary or punitive damages;


        to the prevailing plaintiff.
        (2) Enjoin further violations of this chapter.
    Sec. 8. IC 34-13-3 does not apply whenever:
        (1) a public employer or public official is sued for civil damages; and
        (2) the civil action arises out of a violation of section 6 of this chapter.
    Sec. 9. Notwithstanding section 6 of this chapter, this chapter does not prohibit a public or private employer from:
        (1) regulating or prohibiting the possession or carrying of a firearm by an employee during and in the course of the duties of the employee on behalf of the employer or while on the property of the employer; or
        (2) enforcing a regulation or prohibition adopted under subdivision (1).
However, a regulation or prohibition adopted under subdivision (1) may not apply to a firearm stored or transported in accordance with IC 34-28-7.


SEA 411

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