Although the debate between those wanting to protect the right to possess firearms and those who advocate for stricter gun control is often thought of as a federal issue, gun laws are often a function of state and local laws. We draw your attention to this important issue because the New Hampshire House and Senate passed a bill at the close of the most recent state legislative session that will limit the ability of certain employers to restrict the presence of firearms and ammunition on their properties and marks a significant expansion of Second Amendment protections for legal gun owners in New Hampshire.
While New Hampshire is one of the safest states in the nation, sadly, there have been instances of workplace violence in the state. Most employers have a workplace violence or weapons policy, but a policy is only as good as those who comply with it. With this new law set to take effect on January 1, 2025, employers should review their current policies and procedures now.
Which Employers Will Be Affected by HB 1336?
Governor Chris Sununu signed House Bill (HB) 1336 into law on July 12. The law applies to the storage of firearms and ammunition in employee vehicles while on employer property. Certain portions of HB 1336 apply generally to all employers in New Hampshire. Other portions apply only to employers that receive public funds, but 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).
Public funds are defined broadly in this context and include government grants, any payments under government contracts, or any other form of public funds, regardless of the amount or level of such funding. Consequently, the scope of employers that receive public funds includes many private businesses, nonprofits, and other entities across the state. Additionally, this law will apply to public employers, including the state and municipalities.
What Do Employers Need to Know About HB 1336?
HB 1336 will add a new provision to New Hampshire’s firearms laws. Any New Hampshire employers that receive public funds—which, as noted above, is a significant portion of New Hampshire employers—will no longer be allowed to prohibit an employee who may otherwise legally possess a firearm from storing a firearm or ammunition in their personal vehicle while entering or exiting the employer’s property or while the vehicle is parked on the employer’s property if the vehicle is locked and the firearm or ammunition is not visible. Employers will also be prohibited from taking any adverse action against employees who store firearms or ammunition in their vehicles.
Additionally, the new law prevents all employers from requiring an employee to disclose whether they store a firearm or ammunition in their vehicle. It also prohibits any searches of employees’ vehicles for firearms or ammunition unless the search is conducted by a law enforcement officer with a warrant or a recognized exception to the warrant requirement.
HB 1336 also includes a provision granting civil immunity to employers for any economic loss, injury, or death resulting from or arising out of another person’s actions involving a firearm or ammunition stored in an employee’s vehicle in accordance with the proposed new law, including but not limited to the theft of a firearm from such a vehicle, unless the employer or an agent of the employer intentionally solicited or procured the actions giving rise to such damages.
What Should Employers Do Now?
The new law will go into effect on January 1, 2025. To comply, New Hampshire employers should review your current workplace policies to identify whether they conflict with HB 1336. Specific attention is warranted for any policies relating to firearms or ammunition in employees’ vehicles or employer searches of employees’ vehicles.
To be clear, covered employers will still be able to prohibit employees from carrying weapons of all kinds in their offices, facilities, and company-owned or leased vehicles.
Bottom Line
Between now and January 1, you should look at your workplace weapon policies and update them to comply with the new provisions. You should also consider adopting or revisiting your workplace violence training. Again, although employees may keep a legal firearm out of sight in a locked vehicle, you can still ban weapons at work and can act promptly when an employee threatens others or exhibits behaviors causing a safety concern.
Andrew J. Newcombe and James P. Reidy are attorneys with Sheehan Phinney Bass & Green PA in Manchester, New Hampshire, and can be reached at anewcombe@sheehan.com and jreidy@sheehan.com.