Gun laws in the Hoosier State are straightforward when it comes to employees and their guns.
That is, under the 2010 ‘take your gun to work’ provision employees are allowed to keep guns in their cars while at work and under the 2011 ‘don’t ask, don’t tell’ provision employers are prohibited from asking employees about their firearms.
According to Attorney Guy A. Relford, security company ADM Enforcement Inc. violated both provisions when it fired 28-year-old Thomas Jordan on Sept. 1 for carrying an AR-15 in his car.
“My client was actually terminated for lawfully having a legally owned firearm in his vehicle and the statute reads directly on these circumstances,” Relford told local news station Fox59. “It really couldn’t be a better fit the legislature had in mind.”
So, what happened?
Relford told reporters that on July 6, Jordan was showing a coworker his AR-15 that was kept in the trunk of his car. Jordan was off-duty at the time and the two men were not on company property.
However, while the men were examining the gun, it accidently fired. No one was injured, but the police were called and the officers filed a report.
When news of the accidental discharge got around to ADM management, they took action.
Specifically, the owner of the company, Anthony McClure, issued a written warning to Jordan saying that the AR-15 was not an “ADM authorized weapon.”
McClure also sent out a company-wide email that said on-duty employees were no longer allowed to keep firearms in their vehicles and supervisors would be in danger of losing their jobs if their employees failed to comply.
Several weeks later, an ADM supervisor asked Jordan if he was still keeping the AR-15 in his trunk. Although Jordan had removed it, he refused to give the supervisor a straight answer.
“He is educated about the law, so he said, ‘I may or may not, but that’s protected by law. And you can’t ask me that question,'” Relford told The Indianapolis star.
On Sept. 1, Jordan was terminated. The reason, “per handbook page 35, an AR-15 is not an authorized ADM firearm.”
Naturally, Jordan was stunned.
“It was a blindside,” said Jordan. “I didn’t expect it to go this way.”
“It was a lawfully owned weapon that I kept in my vehicle,” he added.
In addition to seeing this as an open and shut case for his client, Relford saw the irony in the situation.
“It’s a bit ironic here that he’s required to carry a gun as an armed security guard but only a gun that was approved by his employer but he can’t have his own private gun locked out of plain sight in his vehicle that had absolutely nothing to do with the performance of his job,” Relford said.
However, not everyone believes that it will be an easy victory for Jordan.
State Rep. Mike Speedy told the Associated Press that Jordan’s gun discharged complicates the case, even though it wasn’t cited in his firing.
“The right to possess is not the right to discharge,” he said. “Even though it’s not criminal, (the accidental discharge) is still negligent.”
While we wait to see how this plays out, and based on the available facts, what are your thoughts? Is Jordan’s termination in clear violation of those pro-gun laws? Or did he deserve to be fired?