New Hampshire Enacts “Guns at Work” Law: What Employers Need to Know
Oct 12, 2024Guns at Work
New Hampshire Joins 26 Other States in Enacting New “Parking Lot” Laws
Certain New Hampshire employers need to know that they can no longer completely ban firearms and ammunition from their premises. Governor Sununu signed HB 1336 (the Bill) into law on July 12, 2024, which allows employees to keep firearms in their vehicles. Covered employers include any public or private employer that receives public funds from the federal or state government. The new law will take effect on January 1, 2025.
HB 1336 mirrors laws enacted in other states known as “parking lot” or “guns at work” laws. According to the Giffords Law Center to Prevent Gun Violence, New Hampshire is joining 26 other states that have enacted legislation allowing employees to keep legally owned guns in their vehicles. Specifics vary significantly from state to state, however. Such variations usually involve where a lawfully owned firearm is stored and secured, where an employee can park within the employer’s parking lot, and exactly how a firearm is transported in a locked, privately owned vehicle.
New Hampshire’s “Guns at Work” Law
The new law applies to any New Hampshire public or private employer receiving public funds from the federal or state government. Covered employers can still have policies that prohibit guns on the person of the employee or in the employer’s offices, facilities, and company-owned or leased vehicles. HB 1336 expands the protections for employees who wish to keep their firearms in their personal vehicles.
- Covered employers are prohibited from restricting employees who are legally authorized to possess a firearm “from storing a firearm or ammunition in the employee’s vehicle while entering or exiting the employer’s property or while the vehicle is parked on the employer’s property as long as the vehicle is locked, and the firearm or ammunition is not visible.”
- Covered employers cannot require employees to disclose that they are storing a gun in their vehicle. Searches of vehicles can only be conducted by law enforcement with a warrant or recognized exception to the warrant requirement.
- A gun does not need to be locked in a safe or otherwise secured inside the vehicle. It just needs to be “out of sight.”
- Employers are granted civil immunity from any damages involving firearms and ammunition stored as specified — “out of sight.”
Next Steps for Employers
Employers are advised to review current policies to determine if these policies conflict with HB 1336. Because this is a new law, employers are also advised to provide notice and training for managers.
If an employer does not have a clear firearms policy in place, it is highly recommended that they use this opportunity to address weapons possession at their place(s) of business. An effective policy should cover all acts of violence, clarify the law using simple terms, and have a process for employees to report violent acts.
If you have any questions about this legislation, need guidance in developing a firearms policy, or have concerns about preventing violence in the workplace, don’t hesitate to contact Orr & Reno for assistance.
Steven L. Winer and Meredith Farrell Goldstein
