Employer policies on firearms in vehicles at work

BUSINESS. I’M FRED KOCHER. 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 LEGISLATURE, SIGNED INTO LAW BY GOVERNOR SUNUNU ON JULY 12TH. A HOUSE BILL, 1336 EMPLOYEES, FIREARMS AND LOCKED VEHICLES PROHIBITS EMPLOYERS FROM BANNING EMPLOYEES STORAGE OF FIREARMS AND AMMUNITION IN THEIR LOCKED VEHICLES, AND FROM REQUIRING EMPLOYEE DISCLOSURE OF IT. IT ALSO PROVIDES CIVIL IMMUNITY TO EMPLOYERS FOR ANY ECONOMIC LOSS, INJURY, OR DEATH RESULTING FROM ADHERENCE TO THIS LAW. NOW, THERE WERE 22 TESTIMONIES IN FAVOR, INCLUDING FROM FORMER NEW HAMPSHIRE SUPREME COURT JUSTICE, CURRENTLY A STATE REPRESENTATIVE, BOB LYNN, WHEN HE SAID AS A SUPREME COURT WHEN HE WAS AT THE SUPREME COURT, HE WOULD KEEP HIS RIFLE IN HIS CAR. SO AFTER WORK HE COULD GO A TARGET SHOOTING. NOW, THERE WERE 95 TESTIFYING IN OPPOSITION, INCLUDING SANDRA RICE HAWKINS OF GUN SENSE NEW HAMPSHIRE. SHE SAID THE BILL WILL DIRECT OVER 300 SMALL BUSINESSES IN NEW HAMPSHIRE WITH FEDERAL AND STATE CONTRACTS, REGARDLESS OF THEIR WORKPLACE POLICIES. WITH ME TO WALK THROUGH THIS AND WHAT EMPLOYERS NEED TO KNOW ABOUT HOUSE BILL 1336, WHICH IS NOW LAW, IS JAMES REEDY, CO-CHAIR OF THE LABOR AND EMPLOYMENT GROUP AT KEENE FINNEY LAW FIRM IN MANCHESTER, CONCORD, PORTSMOUTH, WHITE RIVER JUNCTION AND BOSTON. WELCOME, JIM. NICE TO HAVE YOU HERE. NICE TO HAVE YOU. UM, THIS BILL, UM, IMPACTS EMPLOYERS WHO RECEIVE PUBLIC FUNDS EITHER FEDERAL OR STATE. RIGHT. BUT YOU SAY THAT IT ALSO COULD AFFECT ALL EMPLOYERS, UH, INCLUDING NONPROFITS, BECAUSE IT’S BROADLY DEFINED AS TO WHO RECEIVES AND THE AMOUNT THEY RECEIVE IN FEDERAL FUNDS OR STATE FUNDS. SO, YES, IT’S A LARGE NUMBER OF EMPLOYERS THAT COULD IMPACT IT ADDS A NEW PROVISION TO THE NEW HAMPSHIRE FIREARMS LAW. SO THE LAWS WHICH GOES INTO EFFECT JANUARY 1ST OF THIS YEAR. UH, WHAT DO EMPLOYERS NEED TO KNOW ABOUT THIS? WELL, THEY NEED TO KNOW THAT THE PROVISIONS OF THE LAW THAT SAY THAT, AS YOU SAID EARLIER, THAT THE FIREARM, IF IT’S LEGAL AND IT’S IN A LOCKED PRIVATE VEHICLE ON PREMISES, THE EMPLOYER CANNOT PROHIBIT THAT, NOR CAN THE EMPLOYER REQUEST OR REQUIRE THE EMPLOYEE TO DISCLOSE THAT INFORMATION. AND THE NEW LAW ALSO GRANTS CIVIL IMMUNITY TO THESE SAME EMPLOYERS FOR ANY ECONOMIC LOSS, INJURY OR DEATH, RESULTING FROM SOMEONE’S ACTIONS INVOLVING A FIREARM OR AMMUNITION THAT WERE STORED IN THE EMPLOYEE’S VEHICLE. THAT SOUNDS LIKE A PROVISION TO KEEP, UH, TO BRING BUSINESSES ON BOARD. I THINK SO IT PROVIDES SOME LEVEL OF COMFORT. BUT THE QUESTION IS HOW MUCH? AND IT GETS TO THE ISSUES OF OF WHAT THE EMPLOYER CAN DO TO PROHIBIT VIOLENCE OR USE OF WEAPONS ON PROPERTY. YEAH. SO WHAT SHOULD EMPLOYERS BE DOING BEFORE THIS LAW GOES INTO EFFECT NEXT JANUARY? CERTAINLY. LOOK AT THEIR WORKPLACE POLICIES WITH REGARD TO WEAPONS ON PREMISES AND THE LIKE. TRAIN THEIR SUPERVISORS AND MANAGERS TO SPOT POTENTIAL THREATS, AND JUST BE AWARE THAT THIS THIS LAW WILL BE EFFECTIVE IN JANUARY. SO THEY MAY NEED TO MAKE CHANGES TO THEIR POLICIES. LET ME ADD THIS QUESTION. DOES THIS CONFLICT WITH LAWS ALREADY ON THE BOOKS IN NEW HAMPSHIRE? WELL, THERE ARE LARGER QUESTIONS HERE SINCE THAT’S BEEN SIGNED AND THE QUESTION IS THAT THE BALANCING BETWEEN PRIVATE PROPERTY RIGHTS VERSUS THE SECOND AMENDMENT RIGHTS, AND I THINK THERE WILL BE MORE DISCUSSIONS ABOUT THIS GOING FORWARD. YEAH. NOW, LET ME MAKE NOTE HERE A WORKPLACE VIOLENCE IN THE U.S. IN 21 AND 22 RESULTED IN OVER 57,610 INJURIES, ACCORDING TO THE NATIONAL SAFETY COUNCIL. WHILE IN NEW HAMPSHIRE, A GOVERNOR SUNUNU SIGNED A BILL INTO LAW IN 22 REQUIRING HEALTH CARE FACILITIES IN NEW HAMPSHIRE TO IMPLEMENT WORKFORCE VIOLENCE PREVENTION PROGRAMS. AFTER THE TRAUMA DEATH OF A SECURITY GUARD AT FRISBIE MEMORIAL HOSPITAL IN ROCHESTER, AND SINCE THEN, THERE’S BEEN, AS YOU MAY KNOW, THERE’S BEEN VIOLENCE AT THE NEW HAMPSHIRE HOSPITAL IN CONCORD WITH THE SHOOTING DEATH OF A SECURITY GUARD THERE IN 23. IN BOTH INSTANCES, THEY WERE ON HOSPITAL GROUNDS. BUT BY OUTSIDE INDIVIDUALS. SO HAVING SAID THAT, THANK YOU FOR JIM AND RUDY, A CO-CHAIR OF THE CIAN FINNEY LAW FIRM IN MANCHESTER AND BEYOND. MY PLEASURE. IF YOU MISSED PART OF THIS BRIEFING OR WANT TO HEAR IT AGAIN, YOU CAN G