2014 Indiana Code TITLE 34. CIVIL LAW AND PROCEDURE ARTICLE 28. SPECIAL PROCEEDINGS: MISCELLANEOUS CIVIL PROCEEDINGS AND REMEDIES CHAPTER 8. DISCLOSURE OF FIREARM OR AMMUNITION INFORMATION AS A CONDITION OF EMPLOYMENT
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IC 34-28-8
Chapter 8. Disclosure of Firearm or Ammunition Information
as a Condition of Employment
IC 34-28-8-1
"Firearm"
Sec. 1. As used in this chapter, "firearm" has the meaning set forth
in IC 35-47-1-5.
As added by P.L.17-2011, SEC.2.
IC 34-28-8-2
"Political subdivision"
Sec. 2. As used in this chapter, "political subdivision" has the
meaning set forth in IC 36-1-2-13.
As added by P.L.17-2011, SEC.2.
IC 34-28-8-3
"Private employer"
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.
As added by P.L.17-2011, SEC.2.
IC 34-28-8-4
"Public employer"
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.
As added by P.L.17-2011, SEC.2.
IC 34-28-8-5
"Public official"
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.
As added by P.L.17-2011, SEC.2.
IC 34-28-8-6
Disclosure of firearm or ammunition information to employer or
potential employer
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.
As added by P.L.17-2011, SEC.2.
IC 34-28-8-7
Civil action by employee or potential employee authorized when
required to divulge firearm or ammunition information
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.
As added by P.L.17-2011, SEC.2.
IC 34-28-8-8
Tort claim exception; when not allowed
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.
As added by P.L.17-2011, SEC.2.
IC 34-28-8-9
Regulation or prohibition of firearm possession or carrying a
firearm by employee; when authorized
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.
As added by P.L.17-2011, SEC.2.
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