Audit, Compliance and Risk Blog

One important issue for employers to consider in their workplace safety and workplace violence prevention efforts is whether to allow employees to bring weapons to work, and if so whether to place limitations on their storage or handling – locked in an employee’s vehicle, for example. Many employers prohibit weapons on workplace premises, including the US Postal Service via its regulations (39 CFR 232.1.) In recent years, however, increasing numbers of states restrict or even prohibit employers from limiting employee weapons, at least in parked vehicles. Most recently, on January 1, 2025 New Hampshire became the latest state to block employer restrictions. 

Employers might restrict weapons at work 

Employers might decide that prohibiting weapons at work reduces the risk of workplace violence, at least between employees. I don’t know of any workplace regulations that directly address this general concern in workplaces, although the “employer’s general duty” (i.e., to protect against known workplace hazards) under the federal Occupational Safety and Health Act and state OSH laws may provide support – note that the US federal Occupational Safety and Health Administration (OSHA), US state OSH agencies and Canadian occupational health and safety agencies identify the issue in their approaches to workplace violence prevention (which I’ve written about several times, including HERE). 

An employer’s workplace weapons policy could contain the following elements: 

• Policy statement – restricting or prohibiting weapons 

• Definitions –  

• • which weapons are covered (e.g., guns, knives) 

• • which areas are covered (e.g., all, exception for locked personal vehicles in parking) 

• • which employees/workers are covered (e.g., all, exception for security) 

• Notice methods and content – how employees and others in the workplace are informed (e.g., training, signs) 

• Reporting procedures – for violations, including if and when to involve onsite security and/or offsite law enforcement 

• Special instructions/procedures – e.g., escorts to parking or offsite 

States may allow or limit or prohibit restrictions on employee weapons 

An increasing number of states are passing laws that expand individuals’ rights to carry guns, in ways that implicitly or explicitly limit employers’ authority to restrict weapons at work. There are two main threads to these enactments. 

First, a majority of states have enacted “parking lot laws,” beginning in 2004 with Oklahoma’s first version which was developed and advocated by the National Rifle Association. These laws enable employees to bring their weapons to work, if they lock them in their personal vehicles in the employer’s parking lot. Details vary regarding which parts of vehicles are permissible (all, trunk, glovebox, etc.) and whether it is sufficient to lock the vehicle or whether the weapon must also be locked separately. For example, effective January 1, 2025 New Hampshire’s new law provides (House Bill 1336; RSA 157, new section 27): 

1. Any public or private employer that receives public funds from the federal or state government or any subdivision thereof, whether such funds are in the form of payment for contractual services, grants, or in any other form however denominated, and irrespective of the amount or level of such funding, or any agent of such an employer, shall not:

   (a)  Prohibit an employee who may legally 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. 

   (b)  Take any adverse action against any employee who stores a firearm or ammunition in accordance with this section. 

2. Any employer or agent of any employer is prohibited from requiring an employee to disclose whether or not the employee is storing a firearm or ammunition in the employee's vehicle, and no searches of the employee's vehicle for a firearm or ammunition may be undertaken except by a law enforcement officer pursuant to a warrant or pursuant to a recognized exception to the warrant requirement.
3. An employer or an agent of an employer may not be held liable in any civil action for any damages for any economic loss, injury, or death resulting from or arising out of another person's actions involving a firearm or ammunition stored pursuant to this section, including, but not limited to, the theft of a firearm from an employee's vehicle, unless the employer or an agent of the employer intentionally solicited or procured the other person's injurious actions.
4. This section applies to the state or any municipality as an employer when the state or municipal employee's vehicle is on property owned or leased by the state or municipality.
5. This section shall not be construed to authorize an employee to carry a firearm in any place where carrying a firearm is prohibited by law.

Second, recent legislative and judicial interpretations of the Second Amendment to the US Constitution are extending individuals’ rights to bear arms. These include reducing gun licensing restrictions, expanding the availability of “concealed carry,” and expanding access to “open carry.” On February 7, President Trump issued Executive Order 14206 “Protecting Second Amendment Rights” directing the Attorney General, within the next 30 days, to “examine all orders, regulations, guidance, plans, international agreements, and other actions of executive departments and agencies (agencies) to assess any ongoing infringements of the Second Amendment rights of our citizens, and present a proposed plan of action to the President, through the Domestic Policy Advisor, to protect the Second Amendment rights of all Americans.” 

What happens now? 

New Hampshire’s law is now in effect, and new proposals have been introduced in several state legislatures in 2025. I assume that the results of US Attorney General Pam Bondi’s review of federal restrictions will lead to additional executive and legislative actions. 

Self-audit checklist 

Does the organization have a policy addressing whether employees or others can bring weapons into the organization’s workplaces? 

• If so, does that policy restrict such rights? 

• If so, has the organization reviewed state laws governing employers’ rights to restrict hazards in their workplaces, including weapons? 

• If so, has the organization reviewed state laws governing individuals’ rights to bear arms, including in workplaces and in parking areas associated with workplaces? 

Is the organization tracking federal and state developments in employer and employee rights relating to guns and other weapons, as they may be brought into workplaces? 

Where can I go for more information? 

• NH (House Bill 1336)
• Executive Order 14206 “Protecting Second Amendment Rights” (2/7/25) (2/12/25 Federal Register) 

About the Author

Jon Elliott is President of Touchstone Environmental and has been a major contributor to STP’s product range for over 30 years. 

Mr. Elliott has a diverse educational background. In addition to his Juris Doctor (University of California, Boalt Hall School of Law, 1981), he holds a Master of Public Policy (Goldman School of Public Policy [GSPP], UC Berkeley, 1980), and a Bachelor of Science in Mechanical Engineering (Princeton University, 1977).

Mr. Elliott is active in professional and community organizations. In addition, he is a past chairman of the Board of Directors of the GSPP Alumni Association, and past member of the Executive Committee of the State Bar of California's Environmental Law Section (including past chair of its Legislative Committee).

You may contact Mr. Elliott directly at: tei@ix.netcom.com