Revision: Jan. 24, 2011, midnight
HB 235 – AS INTRODUCED
2011 SESSION
04/10
HOUSE BILL 235
AN ACT relative to the right to possess a firearm in one’s personal motor vehicle.
SPONSORS: Rep. Hopper, Hills 7; Rep. Gagne, Hills 13; Rep. Sorg, Graf 3
COMMITTEE: Criminal Justice and Public Safety
This bill permits the carrying of a firearm in one’s personal motor vehicle and prohibits a business entity from banning an employee, customer, or invitee from possessing a firearm in such person’s motor vehicle while on the business entity’s premises.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0655
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the right to possess a firearm in one’s personal motor vehicle.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Intent. This act is intended to codify the long-standing legislative policy of the state that individual citizens have a constitutional right to keep and bear arms, that they have a constitutional right to possess and keep legally-owned firearms within their motor vehicles for self-defense and other lawful purposes, and that these rights are not abrogated by virtue of a citizen becoming a customer, employee, or invitee of a business entity. It is the finding of the general court that a citizen’s lawful possession, transportation, and secure keeping of firearms and ammunition within his or her motor vehicle is essential to the exercise of the fundamental constitutional right to keep and bear arms and the constitutional right of self-defense. The general court finds that protecting and preserving these rights is essential to the exercise of freedom and individual responsibility. The general court further finds that no citizen can or should be required to waive or abrogate his or her right to possess and securely keep firearms and ammunition locked within his or her motor vehicle by virtue of becoming a customer, employee, or invitee of any employer or business establishment within the state, unless specifically required by state or federal law.
2 New Subdivision; Possession of Firearms in Motor Vehicles. Amend RSA 159 by inserting after section 26 the following new subdivision:
Possession of Firearms in Motor Vehicles
159:27 Definitions. In this subdivision:
I. “Parking lot” means any property that is used for parking motor vehicles and is available to customers, employees, or invitees for temporary or long-term parking or storage of motor vehicles.
II. “Motor vehicle” means any automobile, truck, minivan, sports utility vehicle, motor home, recreational vehicle, motorcycle, motor scooter, or any other vehicle operated on the roads of this state and required to be registered under state law.
III. “Employee” means any person who is eligible to work in this state and:
(a) Works for salary, wages, or other remuneration;
(b) Is an independent contractor; or
(c) Is a volunteer, intern, or other similar position, for an employer.
IV. “Employer” means any business that is a sole proprietorship, partnership, corporation, limited liability company, professional association, cooperative, joint venture, trust, firm, institution, or association, or public sector entity, that has employees.
V. “Invitee” means any business invitee, including a customer or visitor, who is lawfully on the premises of a public or private employer.
159:28 Prohibited Acts.
I. No public or private employer shall violate the rights of any customer, employee, or invitee.
II. No public or private employer shall prohibit any customer, employee, or invitee from possessing any legally-owned firearm, including any ammunition or accoutrements attendant to the lawful possession of a firearm, when such firearm is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot and when the customer, employee, or invitee is lawfully in such area.
III. No public or private employer shall violate the privacy rights of a customer, employee, or invitee by verbal or written inquiry regarding the presence of a firearm, including any ammunition or accoutrements attendant to the lawful possession of a firearm, inside or locked to a private motor vehicle in a parking lot or by an actual search of a private motor vehicle in a parking lot to ascertain the presence of a firearm within the vehicle. Further, no public or private employer shall take any action against a customer, employee, or invitee based upon verbal or written statements of any party concerning possession of a firearm stored inside a private motor vehicle in a parking lot for lawful purposes. A search of a private motor vehicle in the parking lot of a public or private employer to ascertain the presence of a firearm within the vehicle may only be conducted by on-duty law enforcement personnel, based upon due process and must comply with constitutional protections.
IV. No public or private employer shall condition employment upon either:
(a) The fact that an employee or prospective employee holds or does not hold a license pursuant to RSA 159:6; or
(b) Any agreement by an employee or a prospective employee that prohibits an employee from keeping a legal firearm, including any ammunition, or accoutrements attendant to the lawful possession of a firearm, locked inside or locked to a private motor vehicle in a parking lot when such firearm is kept for lawful purposes.
V. No public or private employer shall prohibit or attempt to prevent any customer, employee, or invitee from entering the parking lot of the employer’s place of business because the customer’s, employee’s, or invitee’s private motor vehicle contains a legal firearm, including any ammunition, or accoutrements attendant to the lawful possession of a firearm, being carried for lawful purposes, that is out of sight within the customer’s, employee’s, or invitee’s private motor vehicle.
VI. No public or private employer shall terminate the employment of or otherwise discriminate against an employee, or expel a customer or invitee for exercising his or her constitutional right to keep and bear a firearm, including any ammunition, or accoutrements attendant to the lawful possession of a firearm, or for exercising the right of self-defense as long as such firearm is never exhibited on company property for any reason other than lawful defensive purposes.
VII. The provisions of this section shall not apply to the following:
(a) Any school property as defined in RSA 193-D:1, V.
(b) Any state or county correctional facility or property under the control of the department of corrections.
(c) Any property where a nuclear-powered electricity generation facility is located.
(d) Property owned or leased by a public or private employer or the landlord of a public or private employer upon which are conducted substantial activities involving national defense, aerospace, or homeland security.
(e) Property owned or leased by a public or private employer or the landlord of a public or private employer upon which the primary business conducted is the manufacture, use, storage, or transportation of combustible or explosive materials regulated under state or federal law, or property owned or leased by an employer who has obtained a permit required under 18 U.S.C. section 842 to engage in the business of importing, manufacturing, or dealing in explosive materials on such property.
(f) A motor vehicle owned, leased, or rented by a public or private employer or the landlord of a public or private employer.
(g) Any other property owned or leased by a public or private employer or the landlord of a public or private employer upon which possession of a firearm or other legal product by a customer, employee, or invitee is prohibited pursuant to any federal law, contract with a federal government entity, or law of this state.
159:29 Enforcement. The attorney general shall enforce the protections of this subdivision on behalf of any customer, employee, or invitee aggrieved under this subdivision. If there is reasonable cause to believe that the aggrieved person’s rights under this subdivision have been violated by a public or private employer, the attorney general shall commence a civil or administrative action for damages, injunctive relief and civil penalties, and such other relief as may be appropriate or may negotiate a settlement with any employer on behalf of any person aggrieved under this subdivision. Nothing in this subdivision shall prohibit the right of a person aggrieved under this subdivision to bring a civil action for violation of rights protected under this subdivision. In any successful action brought by a customer, employee, or invitee aggrieved under this subdivision, the court shall award all reasonable personal costs and losses suffered by the aggrieved person as a result of the violation of rights under this subdivision. In any action brought pursuant to this subdivision, the court shall award all court costs and attorney’s fees to the prevailing party.
3 Effective Date. This act shall take effect January 1, 2012.