IC 34-28-7
Chapter 7. Possession of Firearms and Ammunition in Locked
Vehicles
IC 34-28-7-1 Application
Sec. 1. This chapter applies only to possession of a firearm or
ammunition by an individual who may possess the firearm or
ammunition legally. This chapter does not apply to the possession of
a firearm, ammunition, or other device for which an individual must
possess a valid federal firearms license issued under 18 U.S.C. 923
to possess the firearm, ammunition, or other device. As added by P.L.90-2010, SEC.7.
IC 34-28-7-2 Regulation of employees' firearms and ammunition by employers
Sec. 2. (a) Notwithstanding any other law and except as provided
in subsection (b), a person may not adopt or enforce an ordinance, a
resolution, a policy, or a rule that:
(1) prohibits; or
(2) has the effect of prohibiting;
an employee of the person, including a contract employee, from
possessing a firearm or ammunition that is locked in the trunk of the
employee's vehicle, kept in the glove compartment of the employee's
locked vehicle, or stored out of plain sight in the employee's locked
vehicle.
(b) Subsection (a) does not prohibit the adoption or enforcement
of an ordinance, a resolution, a policy, or a rule that prohibits or has
the effect of prohibiting an employee of the person, including a
contract employee, from possessing a firearm or ammunition:
(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;
(E) an emergency shelter care group home; or
(F) a child care center;
in violation of 465 IAC 2-9-80, 465 IAC 2-10-79, 465 IAC
2-11-80, 465 IAC 2-12-78, 465 IAC 2-13-77, or 470 IAC
3-4.7-19;
(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;
(7) at a person's residence;
(8) on the property of a person that is:
(A) subject to the United States Department of Homeland
Security's Chemical Facility Anti-Terrorism Standards
issued April 9, 2007; and
(B) licensed by the United States Nuclear Regulatory
Commission under Title 10 of the Code of Federal
Regulations;
(9) on property owned by:
(A) a public utility (as defined in IC 8-1-2-1) that generates
and transmits electric power; or
(B) a department of public utilities created under
IC 8-1-11.1; or
(10) in the employee's personal vehicle if the employee,
including a contract employee, is a direct support professional
who:
(A) works directly with individuals with developmental
disabilities to assist the individuals to become integrated into
the individuals' community or least restrictive environment;
and
(B) uses the employee's personal vehicle while transporting
an individual with developmental disabilities. As added by P.L.90-2010, SEC.7.
IC 34-28-7-3 Civil actions
Sec. 3. (a) An individual who believes that the individual has been
harmed by a violation of section 2 of this chapter may bring a civil
action against the person who is alleged to have violated section 2 of
this chapter, other than a person set forth in IC 34-6-2-103(j)(2).
(b) If a person is found by a court, in an action brought under
subsection (a), to have violated section 2 of this chapter, the court
may do the following:
(1) Award:
(A) actual damages; and
(B) court costs and attorney's fees;
to the prevailing individual.
(2) Enjoin further violations of this chapter. As added by P.L.90-2010, SEC.7.
IC 34-28-7-4 Other rights and remedies
Sec. 4. This chapter does not limit a person's rights or remedies
under any other state or federal law. As added by P.L.90-2010, SEC.7.
IC 34-28-7-5 Jurisdiction over action against employer
Sec. 5. A court does not have jurisdiction over an action brought
against an employer who is in compliance with section 2 of this
chapter for any injury or damage resulting from the employer's
compliance with section 2 of this chapter. As added by P.L.90-2010, SEC.7.
IC 34-28-7
Chapter 7. Possession of Firearms and Ammunition in Locked
Vehicles
IC 34-28-7-1 Application
Sec. 1. This chapter applies only to possession of a firearm or
ammunition by an individual who may possess the firearm or
ammunition legally. This chapter does not apply to the possession of
a firearm, ammunition, or other device for which an individual must
possess a valid federal firearms license issued under 18 U.S.C. 923
to possess the firearm, ammunition, or other device. As added by P.L.90-2010, SEC.7.
IC 34-28-7-2 Regulation of employees' firearms and ammunition by employers
Sec. 2. (a) Notwithstanding any other law and except as provided
in subsection (b), a person may not adopt or enforce an ordinance, a
resolution, a policy, or a rule that:
(1) prohibits; or
(2) has the effect of prohibiting;
an employee of the person, including a contract employee, from
possessing a firearm or ammunition that is locked in the trunk of the
employee's vehicle, kept in the glove compartment of the employee's
locked vehicle, or stored out of plain sight in the employee's locked
vehicle.
(b) Subsection (a) does not prohibit the adoption or enforcement
of an ordinance, a resolution, a policy, or a rule that prohibits or has
the effect of prohibiting an employee of the person, including a
contract employee, from possessing a firearm or ammunition:
(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;
(E) an emergency shelter care group home; or
(F) a child care center;
in violation of 465 IAC 2-9-80, 465 IAC 2-10-79, 465 IAC
2-11-80, 465 IAC 2-12-78, 465 IAC 2-13-77, or 470 IAC
3-4.7-19;
(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;
(7) at a person's residence;
(8) on the property of a person that is:
(A) subject to the United States Department of Homeland
Security's Chemical Facility Anti-Terrorism Standards
issued April 9, 2007; and
(B) licensed by the United States Nuclear Regulatory
Commission under Title 10 of the Code of Federal
Regulations;
(9) on property owned by:
(A) a public utility (as defined in IC 8-1-2-1) that generates
and transmits electric power; or
(B) a department of public utilities created under
IC 8-1-11.1; or
(10) in the employee's personal vehicle if the employee,
including a contract employee, is a direct support professional
who:
(A) works directly with individuals with developmental
disabilities to assist the individuals to become integrated into
the individuals' community or least restrictive environment;
and
(B) uses the employee's personal vehicle while transporting
an individual with developmental disabilities. As added by P.L.90-2010, SEC.7.
IC 34-28-7-3 Civil actions
Sec. 3. (a) An individual who believes that the individual has been
harmed by a violation of section 2 of this chapter may bring a civil
action against the person who is alleged to have violated section 2 of
this chapter, other than a person set forth in IC 34-6-2-103(j)(2).
(b) If a person is found by a court, in an action brought under
subsection (a), to have violated section 2 of this chapter, the court
may do the following:
(1) Award:
(A) actual damages; and
(B) court costs and attorney's fees;
to the prevailing individual.
(2) Enjoin further violations of this chapter. As added by P.L.90-2010, SEC.7.
IC 34-28-7-4 Other rights and remedies
Sec. 4. This chapter does not limit a person's rights or remedies
under any other state or federal law. As added by P.L.90-2010, SEC.7.
IC 34-28-7-5 Jurisdiction over action against employer
Sec. 5. A court does not have jurisdiction over an action brought
against an employer who is in compliance with section 2 of this
chapter for any injury or damage resulting from the employer's
compliance with section 2 of this chapter. As added by P.L.90-2010, SEC.7.
IC 34-28-7
Chapter 7. Possession of Firearms and Ammunition in Locked
Vehicles
IC 34-28-7-1 Application
Sec. 1. This chapter applies only to possession of a firearm or
ammunition by an individual who may possess the firearm or
ammunition legally. This chapter does not apply to the possession of
a firearm, ammunition, or other device for which an individual must
possess a valid federal firearms license issued under 18 U.S.C. 923
to possess the firearm, ammunition, or other device. As added by P.L.90-2010, SEC.7.
IC 34-28-7-2 Regulation of employees' firearms and ammunition by employers
Sec. 2. (a) Notwithstanding any other law and except as provided
in subsection (b), a person may not adopt or enforce an ordinance, a
resolution, a policy, or a rule that:
(1) prohibits; or
(2) has the effect of prohibiting;
an employee of the person, including a contract employee, from
possessing a firearm or ammunition that is locked in the trunk of the
employee's vehicle, kept in the glove compartment of the employee's
locked vehicle, or stored out of plain sight in the employee's locked
vehicle.
(b) Subsection (a) does not prohibit the adoption or enforcement
of an ordinance, a resolution, a policy, or a rule that prohibits or has
the effect of prohibiting an employee of the person, including a
contract employee, from possessing a firearm or ammunition:
(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;
(E) an emergency shelter care group home; or
(F) a child care center;
in violation of 465 IAC 2-9-80, 465 IAC 2-10-79, 465 IAC
2-11-80, 465 IAC 2-12-78, 465 IAC 2-13-77, or 470 IAC
3-4.7-19;
(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;
(7) at a person's residence;
(8) on the property of a person that is:
(A) subject to the United States Department of Homeland
Security's Chemical Facility Anti-Terrorism Standards
issued April 9, 2007; and
(B) licensed by the United States Nuclear Regulatory
Commission under Title 10 of the Code of Federal
Regulations;
(9) on property owned by:
(A) a public utility (as defined in IC 8-1-2-1) that generates
and transmits electric power; or
(B) a department of public utilities created under
IC 8-1-11.1; or
(10) in the employee's personal vehicle if the employee,
including a contract employee, is a direct support professional
who:
(A) works directly with individuals with developmental
disabilities to assist the individuals to become integrated into
the individuals' community or least restrictive environment;
and
(B) uses the employee's personal vehicle while transporting
an individual with developmental disabilities. As added by P.L.90-2010, SEC.7.
IC 34-28-7-3 Civil actions
Sec. 3. (a) An individual who believes that the individual has been
harmed by a violation of section 2 of this chapter may bring a civil
action against the person who is alleged to have violated section 2 of
this chapter, other than a person set forth in IC 34-6-2-103(j)(2).
(b) If a person is found by a court, in an action brought under
subsection (a), to have violated section 2 of this chapter, the court
may do the following:
(1) Award:
(A) actual damages; and
(B) court costs and attorney's fees;
to the prevailing individual.
(2) Enjoin further violations of this chapter. As added by P.L.90-2010, SEC.7.
IC 34-28-7-4 Other rights and remedies
Sec. 4. This chapter does not limit a person's rights or remedies
under any other state or federal law. As added by P.L.90-2010, SEC.7.
IC 34-28-7-5 Jurisdiction over action against employer
Sec. 5. A court does not have jurisdiction over an action brought
against an employer who is in compliance with section 2 of this
chapter for any injury or damage resulting from the employer's
compliance with section 2 of this chapter. As added by P.L.90-2010, SEC.7.
