Bill Text: IN SB0411 | 2011 | Regular Session | Enrolled
Bill Title: Disclosure of firearm or ammunition information.
Sponsorship: Partisan Bill (Republican 2)
Status: (Passed) 2011-05-18 - Effective 07/01/2011 [SB0411 Detail]
Download: Indiana-2011-SB0411-Enrolled.html
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AN ACT to amend the Indiana Code concerning civil procedure.
(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
(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.
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.
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