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Indiana Gun Laws Provide Interesting Case Nationally

By    |   Tuesday, 23 Dec 2014 07:22 PM

Indiana, which has historically had more lenient gun laws than most states, came into the national spotlight in 2011 for its unusual decision to expand gun owners' rights within the workplace.

That year, Indiana senators overwhelmingly adopted Act 411, which amended the Indiana Code concerning civil procedure. As outlined in the provision, the law empowered job applicants and current employees to sue any private or public employer for requiring disclosure of firearms ownership or use.

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As outlined in Act 411, Indiana courts have the ability to award actual and punitive damages to persons filing claims against a current or prospective employer. The law went into effect July 1, 2011.

Jane Ann Himsel and Brian Mosby of Littler Global, took to the law firm's blog to quell fears about the Indiana legislation, but also spell out what an impacted employer can and cannot do in light of the landmark decision.

“An employer cannot deny, suspend, or terminate employment or discipline any applicant or employee who refuses to provide information concerning his or her possession or ownership of a firearm,” Himsel and Mosby wrote.

The Indiana law extends beyond employees and employers based in Indiana. Essentially any public or private employers “doing business” in the state are impacted by the law. “A private employer need not have an Indiana employee to be within the law’s reach,” Himsel and Mosby wrote.

Another noteworthy element of Act 411 is its broad reach. Current and prospective employees interviewing for positions at such generally sensitive venues as penal facilities, colleges and universities, public K-12 schools, domestic violence shelters, and facilities caring for endangered children cannot be asked the question about firearms ownership or use.

Act 411 was one of two gun-related measures the Indiana legislature took up in 2011. Another law gave lawful gun owners the ability to carry a concealed weapon without a permit on land the person owns or on land owned by another person who have given his or her consent to the weapon holder.

This article does not constitute legal advice. Check the current gun laws before purchasing or traveling with a firearm.

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Indiana, which has historically had more lenient gun laws than most states, came into the national spotlight in 2011 for its unusual decision to expand gun owners' rights within the workplace.
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Tuesday, 23 Dec 2014 07:22 PM
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