Until now, private employers in New Hampshire have been able to prohibit employees from storing guns in personal vehicles parked in employer parking lots.  Employers could prohibit all firearms on their premises, permit firearms, or place conditions on the right to possess firearms on the employer’s premises.  On July 15, 2024, Governor Sununu signed into law HB 1336, which restricts this right for most employers in New Hampshire.  The newly enacted law (i) grants employees the legal right to keep loaded firearms in their personal vehicles while entering or exiting the employer’s property or while the vehicle is parked on company premises, with only a few permissible restrictions, and (ii) restricts employers from requiring employees to disclose the presence of firearms or ammunition in an employee’s vehicle or searching an employee’s vehicle for a firearm or ammunition.

Which employers are covered by the new law?

Interestingly, the law does not apply consistently to all employers.  The requirement to permit employees to store firearms in their vehicles applies to all employers that receive public funds, as well as the employers’ “agents.”  This includes any public or private employer that receives any public funds from the federal or state government (or any subdivision of the federal or state government). The law defines “public funds” broadly to include “payment for contractual services, grants, or any other form however denominated, and irrespective of the amount or level of such funding.”  Because many employers receive some sort of public funds, many private for-profit businesses and non-profit organizations in New Hampshire will be covered.  In addition, all public employers will be covered.

The prohibition on searching employee vehicles, and questioning employees, applies to all New Hampshire employers, regardless of whether the employer receives public funding.

Specific requirements of the new law?

The new statute prohibits a covered employer from restricting an employee, who is 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.” Further, covered employers are prohibited from taking “any adverse action against any employee who stores a firearm or ammunition” in their vehicles.  It is important to note that this new law does not prohibit covered employers from prohibiting firearms and other weapons inside the covered employer’s offices or in employer provided vehicles.  Additionally, the statute does not permit an employee who is legally prohibited from possessing a firearm to store a firearm in the employee’s personal vehicle.

The statute also forbids all employers in New Hampshire from requiring an employee to disclose whether or not the employee is storing a firearm or ammunition in the employee’s vehicle. It also prohibits any searches of employee vehicles for firearms or ammunition unless the search is conducted by a law enforcement officer pursuant to a warrant or a recognized exception to the warrant requirement.

The new law also includes a provision granting immunity from 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.”  In other words, employers must permit loaded firearms in employee vehicles in accordance with the law, but they cannot be held civilly responsible for use or misuse of the firearm unless the employer or the employer’s agent acted with intent in contributing to cause the damages.

The new law goes into effect on January 1, 2025.

Employer next steps

All employers should review their current policies and practices to ensure they do not conflict with the privacy rights granted by this new law.  In addition, all covered employers should review their policies to ensure they do not conflict with the newly granted employee right to store firearms in their personal vehicles.  Employers are able to require, consistent with the requirements of the law, that the firearms are kept in a locked vehicle and out of sight. 

As this is a new law, employers should provide notice and training on it for all supervisors, so as not to run afoul of the law. 

Now is also a good time to review the organization’s workplace violence policies and training.  All employers should adopt policies to address violence in the workplace.  The OSHA website provides helpful guidance in this area and the OSHA New England Round Table Series, available via Zoom, usually provides at least one presentation annually on workplace violence.  At a minimum, employers should adopt a policy that defines acceptable and unacceptable behavior, as well as the consequences for any policy violations.  Employers should also ensure these policies are communicated effectively to all employees, and that they are consistently enforced.