HB 1793 — 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.

HB 1793-FN - AS INTRODUCEDAMENDED BY THE SENATE 05/14/2026 1882s SESSION 26-3149 07/06 HOUSE BILL 1793-FN AN ACT prohibiting public colleges and universities from regulating the possession or carrying of firearmscertain weapons on campus and non-lethalestablishing weaponsa committee to study the feasibility of allowing guns on campus.campuses of public institutions of higher education.

Criminal Justice and Public Safety ───────────────────────────────────────────────────────────────── AMENDED ANALYSIS This bill:

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

AllowsEstablishes personsa aggrievedcommittee byto publicstudy collegescampus orcarry universitiesand thatthe implementpossession, suchcarrying, regulationsand tostorage sueof suchfirearms institutionson forcollege damagescampuses. and injunctive relief.

HB 1793-FN - AS INTRODUCEDAMENDED BY THE SENATE 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 firearmscertain weapons on campus and non-lethalestablishing weaponsa committee to study the feasibility of allowing guns on campus.campuses of public institutions of higher education.

The Constitutionconstitution of New Hampshire, Partpart I, Articlearticle 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.

The Supreme Court has recognized in Castle Rock v.

Gonzales that the government has no duty to protect individuals from private harm.

III.

IV.

Policies adopted by public colleges and universities that prohibit or restrict law-abiding students from exercising this right are inconsistent with the New Hampshire Constitution and the state's statutory framework.

V.

Such policies fail to meet the historical tradition test of firearm regulation as established by the Supreme Court in New York State Rifle & Pistol Association, Inc.

v.

Bruen.

Such policies exceed the proper authority of such institutions.

VI.

Such prohibitions are ineffective as a matter of public safety because they disarm responsible citizens while doing nothing to deter those who would commit acts of violence.

VII.

Preventing lawful students from carrying only ensures that potential victims are left defenseless against unlawful aggression.

VIII.

New Hampshire should secure and protect the right of law-abiding college students, faculty, staff, and visitors at public institutions of higher education to exercise their constitutional right to carry firearms, consistent with existing state law.

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

HB 1793-FN - AS INTRODUCED - Page 2 - III.

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 firearms or non-lethal weapons on campus.

NoNotwithstanding stateany orprovision institutionalof permitlaw orto licensethe contrary, no public institution of higher education shall beenact requiredrules, forpolicies, suchor carrysimilar prohibitions restricting the possession, carry, or lawful use of firearms on campus.campus by any faculty.

159:30III. Remedies.

AnyPublic individualinstitutions aggrieved by a violation of this subdivision may bring an action against the public institution of higher education andshall itsdevelop employeesand responsibleenact forrules, thepolicies, violation and seekprocedures appropriateto relief,implement includingthis injunctivesection. relief, monetary damages, reasonable attorneys' fees, and court costs.

Total159:30 damagesSeverability. awarded in an action brought under this subdivision shall be at least $10,000.

159:31If Severability.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 HB 1793-FN - AS AMENDED BY THE SENATE - Page 2 - 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.

If4 anyCommittee provisionEstablished. 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.

4There Effectiveis Date.established a committee to study the feasibility of allowing guns on campuses of public institutions of higher education.

This5 actMembership shalland takeCompensation. effect January 1, 2027.

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.