« Ind. Courts - A wealth of stories this morning on Supreme Court applicants [Updated] | Main | Ind. Courts - Could Gov. Daniels Appoint a Democrat? »

Friday, July 02, 2010

Ind. Law - "Take a gun to work law" goes into effect

The new law went into effect yesterday, July 1, 2010. Charles Wilson of the AP has this report - some quotes:

INDIANAPOLIS -- A new state law that went into effect Thursday allowing employees to keep guns locked and out of sight in their vehicles while parked at work caused some confusion as the Indiana Chamber of Commerce weighed the possibility of a legal challenge.

One steel company told workers at two northwestern Indiana mills that they were not permitted to bring guns onto its property despite the law.

In a memo dated Monday, ArcelorMittal said federal law prohibits the company from having firearms at its mills at Indiana Harbor and Burns Harbor, but the memo didn't cite the specific law.

When asked Thursday for more details, the company declined to specify the law. * * *

The trouble, said Indiana Chamber of Commerce president Kevin Brinegar, is that the law is inconsistent.

The law includes a list of 10 exemptions, including schools, prisons, child care centers, utilities and some chemical plants. But the list doesn't include banks, he said.

And Bill Reardon, the police chief at Indianapolis International Airport, said he believes the law allows airport employees to bring guns to work despite security concerns.

"We probably should have been included," he said. "I understand everybody's concerned over their rights, but there has to be some commonsense perspective as it relates to aviation security." * * *

The Indiana General Assembly passed the bill March 4 -- one day before police said a state Department of Workforce Development auditor went to his car and returned with a shotgun that he fired inside an agency office, sending other employees fleeing.

Jon Seidel of the Gary Post Tribune has this report that begins:
ArcelorMittal declined to explain its rationale Thursday for telling employees a federal law trumps Indiana's new gun law giving people the right to leave firearms locked in their cars at work.

Representatives of the steel giant refused to cite the federal law and instead released a written, one-sentence statement by Vice President of Operations Andy Harshaw."ArcelorMittal is committed to providing all employees with a safe work environment and is handling the new gun law in accordance with applicable law," a spokeswoman said.

Harshaw's memo warned violations of ArcelorMittal's policy prohibiting guns on company property could result in discipline or discharge.

"Under federal law, which pre-empts the new state law, ArcelorMittal cannot have firearms or ammunition at Burns Harbor or Indiana Harbor," Harshaw wrote Monday.

Even supporters of the state's guns-at-work law expect it to end up in court.

Seidel also has a side-bar story headed "Airport Clarifies Gun Policy."
Gary/Chicago International Airport Authority clarified its firearms policy in the wake of the state workplace gun law.

No guns or ammunition are permitted within the secured fencing area on the airport's property, according to board attorney Patrick Lyp. The policy focuses on the airport's fenced perimeter.

Lyp knows of no policy that would prohibit an employee from legally and properly storing a firearm in the parking lot.

The Indianapolis Star yesterday had this editorial that concluded:
In Indiana, much of the pro-gun work already has been done. Indeed, the state has been a counter-example of virtually every gun-restriction measure even the conservative Supreme Court approves. Indiana doesn't limit the number of guns bought at one time, encouraging resale on the street. This year, it enacted a law allowing guns in cars at workplaces and, in response to a Star expose of gun permits issued to known violent persons, made it illegal to publicize those permits. It allows guns in state parks.

Cities have been less gun-friendly, and more homicide-conscious. A proposal this year to drop the firearms ban in city parks went nowhere in the Indianapolis City-County Council and faced a mayoral veto threat. At the state level, however, government consistently has tilted against practical safety considerations in favor of platitudes about individual rights. Business owners, emergency room physicians and police officers have decried the imbalance, and the Supreme Court has not contradicted them. It would be unfortunate if the court's call for moderation became ammunition for the other camp.

Posted by Marcia Oddi on July 2, 2010 08:08 AM
Posted to Indiana Law