HB 1793-FN - AS AMENDED BY THE SENATE

05/14/2026   1882s

2026 SESSION

26-3149

07/06

HOUSE BILL 1793-FN

AN ACT prohibiting public colleges and universities from regulating the possession or carrying of certain weapons on campus and establishing a committee to study the feasibility of allowing guns on campuses of public institutions of higher education.

SPONSORS: Rep. Farrington, Straf. 8; Rep. DeVito, Rock. 8; Rep. Granger, Straf. 2; Rep. Layon, Rock. 13; Rep. McDonnell, Rock. 25; Rep. McFarlane, Graf. 18; Rep. Noble, Hills. 2; Rep. Sabourin dit Choiniere, Rock. 30; Rep. Sweeney, Rock. 25; Rep. Thibault, Merr. 25; Sen. McGough, Dist 11; Sen. Murphy, Dist 16; Sen. Pearl, Dist 17; Sen. Sullivan, Dist 18

COMMITTEE: Criminal Justice and Public Safety

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AMENDED ANALYSIS

This bill:

I.  Prohibits public colleges and universities from regulating the possession or carrying of non-lethal weapons on campus or firearms on campus by faculty and requires such institutions to enact rules, policies, and procedures regarding the prohibition.

II.  Establishes a committee to study campus carry and the possession, carrying, and storage of firearms on college campuses.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/14/2026   1882s 26-3149

07/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT prohibiting public colleges and universities from regulating the possession or carrying of certain weapons on campus and establishing a committee to study the feasibility of allowing guns on campuses of public institutions of higher education.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Short Title. This act may be known and cited as the "Protecting College Students Act".  

2 Statement of Findings. The general court hereby finds that:  

I. The constitution of New Hampshire, part I, article 2-a, guarantees the natural and essential right of the people to keep and bear arms in defense of themselves, their families, their property, and the state.  

II.  New Hampshire law provides for constitutional carry, recognizing that law-abiding citizens have the right to carry firearms without unnecessary government restriction.  

3  New Subdivision; Prohibition on Restrictions of Weapons on College Campuses.  Amend RSA 159 by inserting after section 27 the following new subdivision:  

Prohibition on Restrictions of Weapons on College Campuses

159:28  Definitions.  In this subdivision:  

I.  "Non-lethal weapons" means pepper spray, mace, stun guns, Tasers, and other similar devices designed to incapacitate without causing fatal injury.

II.  "Campus" refers to all land, buildings, facilities, and vehicles owned, leased, or controlled by a public institution of higher education in this state.

III.  "Public institution of higher education" means any public technical institute, public junior college, public senior college or university, law school, medical or dental school, or any institution of higher education in this state supported by public funds.

159:29  Prohibition on Restrictions of Weapons on College Campuses.  

I.  Notwithstanding any provision of law to the contrary, no public institution of higher education shall enact rules, policies, or similar prohibitions restricting the possession, carry, storage, or lawful use of non-lethal weapons on campus.

II.  Notwithstanding any provision of law to the contrary, no public institution of higher education shall enact rules, policies, or similar prohibitions restricting the possession, carry, or lawful use of firearms on campus by any faculty.

III. Public institutions of higher education shall develop and enact rules, policies, and procedures to implement this section.

159:30  Severability.  If any provision of this subdivision or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subdivision which can be given effect without the invalid provision or application, and to this end the provisions of this subdivision are declared to be severable.  

4  Committee Established.  There is established a committee to study the feasibility of allowing guns on campuses of public institutions of higher education.

5  Membership and Compensation.

I.  The members of the committee shall be as follows:  

(a)  Three members of the house of representatives, with one member being from the minority party, appointed by the speaker of the house of representatives.

(b)  Two members of the senate, with one member being from the minority party, appointed by the president of the senate.

II.  Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

6  Duties.  The committee shall:  

I.  Investigate the cost to public institutions of higher education, as defined in RSA 159:28, III, if campus carry were to pass.

II.  Study the feasibility of allowing full-time employees of public institutions of higher education, as defined in RSA 159:28, III, to carry weapons, and any potential costs or safety concerns related to allowing employees of public institutions of higher education, as defined in RSA 159:28, III, to carry weapons.

III.  Study existing policies on different types of weapons at all public institutions of higher education, as defined in RSA 159:28, III, in New Hampshire.

IV.  Study policies in other states regarding weapons on campuses of public institutions of higher education, as defined in RSA 159:28, III.

V.  Study policies in other states and solicit, or attempt to solicit, testimony from representatives of public institutions of higher education, as defined in RSA 159:28, III, in those states for feedback as to whether their policies have had any impact on campus safety and costs to their public institutions of higher education, as defined in RSA 159:28, III.

VI.  Study the safety concerns of allowing guns on campuses of public institutions of higher education, as defined in RSA 159:28, III, including safety assessments of campuses of public institutions of higher education, as defined in RSA 159:28, III, and potential changes to such assessments, should campus carry be implemented in future years.

VII.  Determine what reasonable restrictions public institutions of higher education, as defined in RSA 159:28, III, would require should such a policy be implemented.

VIII.  Solicit input from the university system of New Hampshire on current policies regarding firearms and other weapons on campuses of public institutions of higher education, as defined in RSA 159:28, III, and the potential impacts of changing such policies.

7  Chairperson; Quorum.  The members of the study committee shall elect a chairperson from among the members.  The first meeting of the committee shall be called by the first-named senate member.  The first meeting of the committee shall be held within 45 days of the effective date of this section.  Three members of the committee shall constitute a quorum.

8  Report.  The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2026.

9  Effective Date.

I.  RSA 159:29, II as inserted by section 2 of the bill, shall take effect July 1, 2027.

II.  The remainder of this act shall take effect upon its passage.

LBA

26-3149

Revised 12/26/25

HB 1793-FN- FISCAL NOTE

AS INTRODUCED

AN ACT prohibiting public colleges and universities from regulating the possession or carrying of firearms and non-lethal weapons on campus.

FISCAL IMPACT:   

METHODOLOGY:

This bill prohibits public colleges and universities from regulating the possession or carrying of firearms and non-lethal weapons on campuses and allows individuals aggrieved by public colleges or universities that implement such regulations to sue such institutions for damages and injunctive relief.

The University System of New Hampshire (USNH) has provided the following assumptions relative to this bill:

• Insurance premiums would be impacted in several ways:
  • Lack of ability to track or regulate the number of firearms on campus would handicap risk mitigation strategies and thus make it harder for insurers to assess the level of risk, potentially exacerbating USNH’s risk profile and leading to conservative general liability pricing, i.e., higher premiums.
  • The presence of unrestricted firearms and non-lethal weapons on campus could increase the likelihood of incidents such as accidental discharges, intentional shootings, or other weapon-related injuries. This heightened risk could lead to more frequent and severe liability claims that could in turn impact premiums. Workers’ compensation claims could increase.
  • USNH may need to consider purchasing active shooter coverage.
  • Depending on the broader insurance market’s response to such legislation in other states, insurers may adjust their underwriting guidelines and pricing models for educational institutions nationwide.
• To help mitigate the increased risk, USNH may need to invest in enhanced security measures, such as additional campus security/police personnel, surveillance systems, and training programs. Provision of storage capacity to accommodate students wishing to secure their weapons at any time, including while participating in athletics and other extracurricular activities.
• Legal or regulatory conflicts in terms of risk, liability, and compliance would need to be resolved:
  • With daycare centers located on campus in Plymouth, Keene, and Durham, conflict with DHHS rules governing daycare and firearms would need to be adjudicated [He-C 4002.22(aa), p.40]. Summer youth camp protocol and precautions would need to be addressed, since adopted rules do not preclude the presence of unrestricted firearms.
  • Legal liability relative to students under the age of 18 (102 enrolled in fall 2025) and ubiquitous access to guns on campus would need to be ascertained.
  • Federal OSHA law has a general duty clause requiring employers to provide a workplace that is “free from recognized hazards that are causing or likely to cause death or serious physical harm.” USNH would need to reconcile its obligations for compliance with federal law to ensure workplace safety for its faculty and staff.
  • Policies of private property owners that rent/lease to the USNH enterprise, such as the cooperative extension and off-site academic centers, and to students for housing would need to be reconciled if contrary to the law governing the university system.
• Given the provision of remedies for aggrieved individuals, there would be potential increased expense for legal resources to defend against complaints of RSA noncompliance and potential expense for damages and reimbursement of opposing attorney fees and court costs.
• Public perception of increased danger at USNH institutions could affect the ability to attract local/ regional students, faculty, and staff, potentially depressing enrollment and retention and resulting in a reduction of revenue.

Based on the assumptions above, USNH states its operating expense would be increased to mitigate risk, maintain appropriate levels of insurance, and address legal issues. Initial expense is expected to be higher in the onset to implement mitigation strategies (developing training protocol, purchasing surveillance equipment, resolving statute conflicts, creating storage capacity, increased security personnel, etc.) with lower annual expense thereafter to support ongoing protocol and equipment maintenance and staffing, continuing after FY 2029. USNH states the magnitude of expense increase is indeterminable but expected to be within a range of more than $100,000 to $500,000 or less to support all USNH locations. USNH states a potential revenue reduction resulting from reputational risk is not quantifiable. Increased expense and/or decreased revenue resulting from compliance with the state law would necessitate increases in USNH tuition and/or mandatory fee rates and/or a reduction in financial aid from institutional resources, given limited operating revenue streams and budgetary levers in a highly competitive market.

The Community College System of New Hampshire (CCSNH) states this bill would invalidate its policies prohibiting firearms and other weapons defined in the bill on community college campuses, and as a result, students, employees, and visitors would be permitted to carry guns and other weapons on campus. The institutions would not be allowed to have policies about storage, carry or use of firearms and other weapons.

CCSNH has provided the following cost-related assumptions about this bill, which take into account risk management considerations, as well as specific circumstances where other laws and/or NH Administrative Rules may impact or conflict with this legislation:

• NH Administrative Rule He-C 4002.23 describes procedures requiring storing and locking firearms and ammunition in licensed childcare facilities. There are five licensed childcare facilities on CCSNH campuses. At the least, and notwithstanding the language of this bill, CCSNH would expect to be required to enforce those rules about gun carry and storage without being subject to legal action as described in Section 3, “Remedies.”
• CCSNH has an embedded high school (the public charter school, Spark Academy) on the campus of Manchester Community College. CCSNH states it would need to investigate what, if any weapons-related requirements attach to this circumstance.  
• All seven of CCSNH's colleges offer dual enrollment courses and youth camps that bring high school and middle school students to our college campuses, and it would need to investigate whether any requirements that are relevant for secondary schools or youth camps are applicable to that circumstance.

Based on the above assumptions, CCSNH states a risk management assessment of potential responses to this bill, as well as a review of how other states have responded to the enactment of campus carry legislation, suggests that CCSNH institutions should consider changes to operational preparedness measures and staffing if students, employees and visitors may or will be carrying guns or other weapons on campus and within campus buildings. These include:

• Hiring sworn officers with appropriate training to respond to incidents involving armed persons, and increasing security staffing generally.
• Installing gun safes in multiple locations for storage when individuals engage in activities where they wish to temporarily set aside their weapon, such as athletic practices, use of gymnasiums and fitness rooms, lab-based classroom time and when in campus daycare facilities.
• Installing signage, if deemed advisable, and potentially installing metal detectors to ensure and adequately demonstrate compliance with NH Administrative Rule He-C 4002.23 in childcare facilities.
• Providing annual training for members of the campus community, including residence hall staff, faculty, advisors, security personnel and others, and updating emergency procedures.

CCSNH states it is unclear whether the enactment of campus carry legislation (including responsive measures taken by the colleges) would affect insurance premiums or coverage. CCSNH states there are examples of insurers reacting negatively to campus carry enactment (refusing coverage, increasing rates) but consistent evidence from other states is not conclusive. Preliminary conversations with CCSNH’s existing insurer indicate a potential increase in premiums.   CCSNH states it is unclear whether this bill would have an impact on enrollment or employment.  CCSNH anticipates that implementing some or many of the measures described above at its ten campuses/academic centers could result in expenditure increases of between $500,000 and $100,000 in the first year of implementation, and between $100,000 and $500,000 in each year thereafter, primarily if changes are made to staffing the security function.  If no additional funding for this purpose is provided, CCSNH states that resources will need to be reallocated or added to tuition costs; the extent of the impact will depend upon what measures are taken by the colleges.   

AGENCIES CONTACTED:

University System of New Hampshire and Community College System of New Hampshire