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October 30, 2024
On July 1, 2024, New Hampshire Governor Chris Sununu signed 33 bills into law, including one – House Bill 1336 – that expands workers’ gun rights. Under the new law, certain New Hampshire employers no longer can ban workers from keeping guns and ammunition in their locked cars while at work, and all New Hampshire employers are prohibited from searching an employee’s personal vehicle for firearms or requiring workers to disclose whether they are storing a firearm or ammunition in their car.
House Bill 1336 is broken down into several sections.
Under Section I, certain employers cannot prevent employees who legally possess a gun from storing that firearm or ammunition in their personal vehicle when they are entering or exiting or parking on the employer’s property, with the caveat that the employee’s vehicle must be locked and the firearm or ammunition cannot be visible. No requirement exists that the firearm be unloaded or in a locked container; just that it be out of sight in a locked vehicle. Employers subject to Section I may not take any adverse action (such as firing, demoting, or reducing pay) against a worker who stores a gun or ammunition out of sight in a locked vehicle in accordance with this Section. Section I applies only to employers that receive public funds from the federal or state government. It includes any public or private employer that receives government funding of any kind, in any amount, including grants or payment for a government contract.
By contrast, all employers are subject to Section II of the Act. Section II prohibits every New Hampshire employer from requiring its workers to disclose whether they have a firearm or ammunition stored in their personal vehicle. The employer may not conduct a search of an employee’s vehicle for guns and ammunition; only law enforcement acting pursuant to a warrant or recognized exception to the warrant requirement may conduct a search.
If a firearm stored in an employee’s vehicle is used to cause economic loss, injury, or death, House Bill 1336 grants civil immunity to the employer, so long as the employer did not intentionally solicit the bad conduct. For example, if a stored firearm is stolen from an employee’s vehicle and then used to injure another worker, the New Hampshire employer cannot be held responsible or liable for damages in a civil action, unless the employer or its agent intentionally solicited the theft and injurious action.
House Bill 1336 is not intended to authorize an employee to carry a firearm in any place where carrying a firearm is prohibited by law. Under the new law, all employers – even those covered by Section I of the new law – still may ban employees from bringing guns into the workplace (including office workstations or cubicles, break rooms, restrooms, the manufacturing floor, or locker rooms).
The new law goes into effect January 1, 2025.
What should New Hampshire employers do now?
Review the new law to make sure you understand how it applies to your company. To the extent that your existing workplace policies cover the topics addressed by this new law, review those existing policies to determine if, and to what extent, they conflict with the provisions of House Bill 1336. Policies that run afoul of the new law should be updated before January 1, 2025. Workplace training is always a good way to ensure that your managers understand the new law and do not take any actions that would violate it. Seek legal counsel for help understanding how House Bill 1336 applies to you, or for assistance drafting new or updated policies.
Special thanks to our intern, Kayla Olsen, for her contributions to this article.
The author of this article, Michelle A. Liebesman, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, New Hampshire, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
