Bill Text: IN HB1355 | 2011 | Regular Session | Introduced
Bill Title: Disclosure of firearm or ammunition information.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2011-01-18 - First reading: referred to Committee on Veterans Affairs and Public Safety [HB1355 Detail]
Download: Indiana-2011-HB1355-Introduced.html
Citations Affected: IC 34-28-8.
Synopsis: Disclosure of firearm or ammunition information. Provides
that a civil action may be brought against a public or private employer
that has: (1) required an applicant for employment or an employee to
disclose information under certain circumstances about whether the
applicant or employee owns, possesses, uses, or transports a firearm or
ammunition; or (2) conditioned employment, or any rights, benefits,
privileges, or opportunities offered by the employment, upon an
agreement that the applicant for employment or the employee forego
the otherwise lawful ownership, possession, storage, transportation, or
use of a firearm or ammunition.
Effective: July 1, 2011.
January 18, 2011, read first time and referred to Committee on Veterans Affairs and Public
Safety.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning civil
procedure.
Chapter 8. Disclosure of Firearm or Ammunition Information as a Condition of Employment
Sec. 1. As used in this chapter, "firearm" has the meaning set forth in IC 35-47-1-5.
Sec. 2. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13.
Sec. 3. As used in this chapter, "private employer" means:
(1) an individual;
(2) a partnership;
(3) a firm;
(4) an association;
(5) a corporation; or
(6) a nonprofit organization;
that employs or offers to employ one (1) or more individuals in
Indiana.
Sec. 4. As used in this chapter, "public employer" means:
(1) the state; or
(2) a political subdivision;
including, but not limited to, a department, agency, board,
commission, institution, authority, or instrumentality of the state
or a political subdivision.
Sec. 5. As used in this chapter, "public official" means an
elected or appointed official in the executive, legislative, or judicial
branch of the state or a political subdivision, as well as an
individual acting on behalf of a public employer, whether
temporarily or permanently, including but not limited to, members
of boards, committees, commissions, authorities, and other
instrumentalities of the state or a political subdivision.
Sec. 6. A public or private employer doing business in Indiana
may not:
(1) require an applicant for employment or an employee to
disclose information about whether the applicant or employee
owns, possesses, uses, or transports a firearm 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) condition employment, or any rights, benefits, privileges,
or opportunities offered by the employment, upon an
agreement that the applicant for employment or the employee
forego the:
(A) rights of the applicant or employee under this chapter;
or
(B) otherwise lawful:
(i) ownership;
(ii) possession;
(iii) storage;
(iv) transportation; or
(v) use;
of a firearm or ammunition.
Sec. 7. (a) An individual aggrieved by what the individual
believes is a violation of section 6 of this chapter may bring a civil
action in a court with jurisdiction against a public or private
employer or a public official that is alleged to have violated section
6 of this chapter.
(b) If a person is found by a court in an action brought under
subsection (a) to have violated section 6 of this chapter, the court
may do the following:
(1) Award:
(A) actual damages;
(B) court costs and attorney's fees; and
(C) in the case of a knowing and willful violation,
exemplary or punitive damages;
to the prevailing plaintiff.
(2) Enjoin further violations of this chapter.
Sec. 8. IC 34-13-3 does not apply whenever:
(1) a public employer or public official is sued for civil
damages; and
(2) the civil action arises out of a violation of section 6 of this
chapter.
Sec. 9. Notwithstanding section 6 of this chapter, this chapter
does not prohibit a public or private employer from:
(1) regulating or prohibiting the possession or carrying of a
firearm by an employee during and in the course of the duties
of the employee on behalf of the employer or while on the
property of the employer; or
(2) enforcing a regulation or prohibition adopted under
subdivision (1).
However, a regulation or prohibition adopted under subdivision (1)
may not apply to a firearm stored or transported in accordance
with IC 34-28-7.
