Quick Hits
- A growing number of states have passed laws allowing citizens to have guns in locked cars in employer parking lots and preventing employers from firing or disciplining employees who do so.
- Private businesses, such as shops, movie theaters, and gyms, may post signs indicating guns are not allowed inside.
- Many state laws include an exception allowing employers and property owners to ban guns on the premises of government buildings, courts, schools, polling places, correctional institutions, businesses involved in national defense, other places prohibited pursuant to any federal law or contract, and/or in company-owned or company-leased vehicles.
In recent years, court rulings and new state laws have narrowed the legal capacity employers may have to ban guns in parking lots next to workplaces. The changes include the following:
- On June 25, 2026, the Supreme Court of the United States overturned a Hawaii law that prohibited firearms on private property open to the public without the consent of the property owner. In Wolford v. Lopez, the Court ruled that the state law violated residents’ rights under the Second and Fourteenth Amendments of the U.S. Constitution.
- Effective July 1, 2026, Virginia prohibits guns in unattended vehicles unless the gun is locked in a container, such as the glove compartment or center console. Property owners can prohibit weapons on private property, including parking lots.
- Florida’s First District Court of Appeal recently ruled the state’s open carry ban is unconstitutional. Employers in Florida can display clear notices stating that firearms are prohibited on their premises, but they cannot ban legally owned firearms locked inside vehicles in parking lots or retaliate against employees for lawfully possessing them.
- On January 20, 2026, the Fourth Circuit Court of Appeals held that Maryland’s law barring guns on private property open to the public was unconstitutional. However, it upheld Maryland’s prohibitions against guns in government buildings, mass transit, school grounds, state parks and forests, museums, healthcare facilities, stadiums, racetracks, amusement parks, and casinos.
- Effective January 1, 2025, New Hampshire permits workers to keep guns and ammunition in a locked car on their employer’s property. Covered employers may not discharge or discipline an employee for storing a gun or ammunition in a locked car.
- In Florida, North Dakota, and West Virginia, employers are prohibited from asking employees about whether they have a gun in a locked vehicle parked on the employer’s property. A search to ascertain the presence of a firearm within a private vehicle may only be conducted by on-duty law enforcement personnel as provided by state law.
Next Steps
There is no federal statute regulating guns in the workplace or employer parking lots. Under the federal Occupational Safety and Health (OSH) Act, employers have a general duty to provide a safe and hazard-free workplace, including taking reasonable steps to prevent workplace violence.
The Supreme Court opinion in Wolford v. Lopez is likely to have an impact on other states with gun restrictions similar to Hawaii’s. In the meantime, employers are not legally obligated to permit employees or customers to carry guns inside the workplace. Depending on the state, and whether a specific exception applies, they may be required to allow guns in a locked car in a parking lot that employees and customers use. The recent changes to the law may make it difficult for multistate employers to maintain a consistent policy on firearms in parking lots across all locations.
Ogletree Deakins’ Workplace Violence Prevention Practice Group will continue to monitor developments and will post updates on the Employee Engagement, Florida, Hawaii, Maryland, Multistate Compliance, New Hampshire, North Dakota, State Developments, Virginia, West Virginia, and Workplace Violence Prevention blogs as additional information becomes available.
In addition, the Ogletree Deakins Client Portal provides subscribers with timely updates on state Weapons in the Workplace laws. Premium-level subscribers have access to comprehensive law summaries and templates; Snapshots and Updates are complimentary for all registered client users. For more information on the Client Portal or a Client Portal subscription, please email clientportal@ogletree.com.
Frank D. Davis is a shareholder in Ogletree Deakins’ Dallas office.
Dee Anna D. Hays is a shareholder in Ogletree Deakins’ Tampa office.
This article was co-authored by Leah J. Shepherd, who is a writer in Ogletree Deakins’ Washington, D.C., office.
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