Indiana Further Limits Employers With Respect to Guns & Ammo

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On April 18, 2011, Indiana Governor Mitch Daniels signed a new law clarifying and bolstering employees’ and applicants’ right to lawfully possess firearms and ammunition. The law takes effect July 1, 2011.

The new law prohibits employers from: 1) requiring applicants or employees to disclose information about whether they own, possess, use, or transport firearms 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) conditioning employment, or any employment opportunities or benefits, upon an agreement that applicants or employees forego their rights under the law, or upon any otherwise lawful ownership, possession, storage, transportation, or use of a firearm or ammunition.

In simple terms, this law makes a person’s “gun status” somewhat akin to a protected category under the civil rights laws. In fact, it will function much like the Genetic Information Non-Discrimination Act. The new law will prohibit all Indiana employers from asking employees and applicants questions to determine whether they own, use, possess or transport guns or ammo, and will prohibit employment discrimination based on an individual’s “gun status.” The law specifically prohibits parking discrimination based on “gun status.” The only exception to these rules arises where the duties of the employment position require the possession or use of guns and ammo, as may be the case in security positions.

Please see full alert below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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