Jan 7, 2009

SB 011 -- Firearms in Locked Vehicles

Synopsis: Firearms in locked vehicles. Prohibits a person (which includes an individual, a corporation, and a governmental entity) from adopting or enforcing a policy or rule that prohibits or has the effect of prohibiting an individual from legally possessing a firearm that is locked in the individual's vehicle while the vehicle is in or on the person's property. Excepts possession of a firearm: (1) on school property, on property used by a school for a school function, or on a school bus; (2) on certain child care and shelter facility property; (3) on penal facility property; and (4) in violation of federal law. Provides that a person who, in compliance with the prohibition, does not adopt or enforce such a policy or rule is not liable for resulting injury or damage. Authorizes a civil action for damages, costs, attorney's fees, and injunctive relief to remedy a violation. Deletes an outdated reference.

[ED. - This issue has really pitted private property rights against gun ownership. Some great points have been made on the private property side of this argument. We'll change our position to NEUTRAL.]

SUPPORT: Sen. Nugent starts off the 2009 session with his strong support of gun ownership. In SB 11, Nugent offers that no entity can disallow the lawful ownership and possession of a firearm secured in a private vehicle. If not for efforts like this, gun ownership would be outlawed de facto.

Authored by Senator Nugent; Referred to Committee on Judiciary for first reading.


Sean Shepard said...

This is one of those cases were private property rights seem to collide with a persons right to self defense (bear arms).

I might err on the side of private property rights on this one. I have a right to say that no one can carry a gun on my property, but the government has no right to dictate this.

Randy Young TCLP said...

I have to agree with Sean; private property rights need to be as absolute as any other rights. If I don't like my employer's policy on firearms possession (and I don't!), I am free to find another employer (or just ignore the policy, like I do now!).

Randy Young
Tippecanoe Co. LP

Bill Starr said...

In previous legislative sessions, I supported this sort of measure, because I resent that my employer effectively abridges the right of all of their employees to self-defense while enroute to and from work, by making it a violation of company policy to have a weapon in your locked vehicle (subject to inspection upon request).

But now I reluctantly view it more like I do smoking bans. I see this issue as a way in which employers compete with each other, based on the amount of respect they show for the right to carry a gun for self-defense (Indiana Constitution) and how much they really value diversity in their workforce.

Bill Starr
Columbus, Indiana
Sun, 11 Jan 2009, 9:32 pm EST

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