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Companies May Challenge New Workplace Guns Law
New Law Allows Employees To Have Guns In Locked Cars
POSTED: 4:12 pm EDT March 19, 2010
UPDATED: 6:52 pm EDT March 19, 2010
INDIANAPOLIS -- Some Indiana business owners may challenge a new law that will allow most employees to bring guns to work.The Indiana Chamber of Commerce bitterly opposed the law in the Legislature and said it has been contacted by companies and lawyers who want to challenge it in court on the grounds it violates property rights, 6News' Norman Cox reported.Gun rights advocates have championed the measure to allow workers to bring guns on company property as long as they leave them locked in their cars in the parking lot.But businesses said they fear it will make it impossible to fulfill their federal requirement to maintain a safe workplace.Members of the Indiana Chamber of Commerce are, "extremely upset and very unhappy, and some of whom have even inquired about challenging the constitutionality of this new law," said President Kevin Brinegar.Indiana University Law Professor and former state legislator David Orentlicher said the constitutional right to bear arms absolutely does not extend to someone else's private property."Our constitutional rights are rights against the government. So if a woman has a right to abortion, it means the government can't prohibit abortion, but it doesn't mean the woman can demand that any doctor provide an abortion," he said. "Doctors have the right to decide whether or not to provide abortions, and employers have the same right to decide whether or not to allow guns on their property."Having said that, Orentlicher said he isn't sure that a constitutional challenge would work.He said a private property owner claiming his rights have been violated generally has to have a pretty serious claim, such as having his property taken illegally by the government for a road.The law will take effect July 1.
Previous Stories:
- March 18, 2010: Workplace Guns Bill Gets Gov's Signature
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