CLIENT ALERT
What employers Need to Know if this Bill Becomes Law
By Attorneys Andrew J. Newcombe and James P. Reidy
A bill limiting the ability of certain employers to restrict the presence of firearms and ammunition on their properties was recently passed by the New Hampshire House and Senate and is now on its way to the desk of Governor Sununu. That Bill, HB 1336, applies to the storage of firearms and ammunition in employee vehicles while on employer property. If signed into law by the Governor, this will mark a significant expansion of Second Amendment protections for legal gun owners in New Hampshire and a new challenge for employers.
Which employers would be impacted by HB 1336?
Certain portions of HB 1336 would apply generally to all employers in New Hampshire. Other portions would apply only to employers that are recipients of 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 who receive public funds would include many private businesses, non-profits, and other entities across the state. Additionally, this proposed law would apply to public employers, including the state and municipalities.
What do employers need to know about HB 1336?
If HB 1336 is signed into law, it 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 the employee’s 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. Additionally, those covered employers would be prohibited from taking any adverse action, presumably meaning any discipline, termination, demotion or denial of advancement, against employees who so store firearms or ammunition in their vehicles.
Additionally, the bill would prohibit all employers from requiring an employee to disclose whether or not the employee stores a firearm or ammunition in the employee’s vehicle. It would also prohibit 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.
Adequate Protection for Employers?
HB 1336 also includes a provision that would grant 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 in advance of this bill being signed by the Governor?
To prepare to comply if HB 1336 becomes law, New Hampshire employers should review their current workplace policies to identify whether any such policies would conflict with the provisions of this potential new law. Specific attention is warranted for any policies relating to firearms or ammunition in employee vehicles or employer searches of employee vehicles.
To be clear, if the bill becomes law, covered employers can still prohibit weapons of all kinds on the person of the employee and in an employer’s offices, facilities and company-owned or leased vehicles. Whether this bill becomes law or not, employers could still discipline employees for threats of violence and related misconduct. Employers can also take steps to respond to suspected threats of workplace violence, including conducting workplace searches (e.g., lockers, desks, etc.), suspending or terminating employees and involving law enforcement.
What’s next?
As noted above, HB 1336 has now passed both houses of the New Hampshire state legislature. It will likely be sent to the Governor by the end of July, and Governor Sununu will likely take action on the bill soon thereafter. This bill has stirred up some controversy, and what action Governor Sununu will take when this bill reaches his desk remains to be seen; however, it is currently anticipated that the Governor will sign HB 1336 into law.
Bottomline
We will be monitoring this bill and will report back after it reaches the Governor’s desk. In the meantime, please feel free to reach out if you have any questions or would like assistance with a review of your workplace policies.
The attorneys in Sheehan Phinney’s Labor and Employment Law Practice Group are ready to assist you with any questions you may have regarding compliance with these workplace policies. This article is intended to serve as a summary of the issues outlined herein. While it may include some general guidance, it is not intended as, nor is it a substitute for, legal advice.