« Ind. Courts - "Carmel hazing case takes new turn: Decision whether to file charges is now Hendricks County's, not Hamilton's" | Main | Ind. Law - "Rethinking Sex Offender Laws for Teenage Texting" »

Saturday, March 20, 2010

Ind. Law - "Indiana gun bill is signed into law: some businesses weighing legal challenge"

The "guns at work" bill, HEA 1065, was signed by Gov. Daniels on March 18th - ILB entry here. (Here is a list of ILB entries referencing HB 1065.)

Today Kevin Allen reports in the South Bend Tribune:

Gov. Mitch Daniels added his signature this week to a controversial measure prohibiting Indiana employers from banning guns in their parking lots.

The new law is scheduled to take effect July 1, but the debate over House Enrolled Act 1065 is likely to continue.

Businesses throughout the state argued against the bill during the General Assembly's session this year because of what they view as a violation of private property rights.

George Raymond, vice president of human resources and labor relations at the Indiana Chamber of Commerce, said several businesses in the state have indicated they plan to litigate against the new law.

H.E.A. 1065 says employees may keep legally permitted firearms out of sight in their locked vehicles while they are working.

The National Rifle Association has successfully lobbied for similar laws in 12 other states. About 300,000 Indiana residents have permits allowing them to carry a firearm, according to the NRA. [ILB - The General Assembly also acted this session to make secret information about who holds these permits. See HEA 1068.]

"We believe a citizen's constitutional right to self-protection doesn't stop when they drive onto their employer's property," NRA spokeswoman Rachel Parsons said. * * *

Raymond said the new law doesn't make it clear why employers will be allowed to control firearms inside their buildings when they're not allowed to control them in the parking lots they own.

He asked, "If you have a right to have a gun in the parking lot, why wouldn't you have a right to have a gun in the building?"

Alison Fox, a partner and employment-law specialist at Baker & Daniels in South Bend, said many employers are wondering if they will be allowed, or responsible, to take other steps to regulate the firearms workers keep in their cars.

For example, she said, the bill allows only legally permitted guns to be stored in employee vehicles, but can companies make workers verify they have permits for those firearms?

Another issue, Raymond said, is the process the legislature used to exempt schools, prisons, child-care centers, investor-owned utilities, and certain chemical and nuclear facilities from the rules.

ILB thoughts. The case currently pending before the SCOTUS, McDonald v.City of Chicago, is going to have a significant impact on these questions raised by HEA 1065. For background start with this ILB entry from March 1, 2010. Two years ago, in Heller, the SCOTUS struck a District of Columbia handgun ban, citing the 2nd amendment. The question in McDonald is whether the 2nd amendment extends to the states.

Another question largely unanswered by Heller is what, if any, restrictions on gun use are constitutional under the Court's reinterpretation of the 2nd amendment. Again, Heller only has federal application, but the same questions arise under McDonald -- if the 2nd amendment applies to the states, what restrictions, if any, may the states still impose.

Posted by Marcia Oddi on March 20, 2010 11:08 AM
Posted to Indiana Law