Prohibiting possession of a firearm at a polling place.
Summary
HB 352 would create a new prohibition on knowingly carrying a loaded or unloaded pistol, revolver, firearm, or other deadly weapon within 100 feet of a polling place during a federal, state, or municipal election. The bill applies to both open and concealed carry and to licensed and unlicensed possession. A violation would be a class A misdemeanor. The bill includes exceptions for law enforcement officers on duty at the polling place, uniformed officers voting, certain non-uniformed officers voting while carrying a service weapon, and a person who secures an unloaded firearm in a motor vehicle while at the polling place.
The bill also amends New Hampshire’s absentee voting laws to make a person eligible for absentee voting if they are unwilling or unable to comply with the firearm prohibition at a polling place. It updates absentee ballot application and affidavit language to reflect that new category of eligibility, alongside existing grounds such as absence, work obligations, disability, religious observance, and certain weather-related emergencies. The bill would take effect January 1, 2026.
Impact
HB 352 would add a new firearms restriction to RSA 159 and expand absentee voting eligibility under RSA chapter 657. In practical terms, it would regulate conduct at and near polling places, create a new misdemeanor offense for violations, and require election officials to revise absentee ballot forms and instructions to include the new eligibility category. The fiscal note indicates no direct revenue impact but possible indeterminable costs to the judicial and correctional systems, as well as to counties and municipalities, from enforcement and prosecution of the new penalty.
Sentiment
The available voting history suggests the bill was not broadly supported, as it was tabled/indefinitely postponed by a 211-161 vote. That outcome indicates substantial opposition in the House despite the bill’s stated election-safety purpose. No committee transcript excerpts were provided, so the recorded vote is the main indicator of sentiment.
Contention
The central point of contention is the balance between firearm rights and election-place safety. Supporters appear to view the bill as a way to reduce intimidation or risk at polling places, while opponents likely object to restricting lawful carry near voting locations and to creating a new criminal penalty. A secondary issue is the bill’s decision to make unwillingness to comply with the firearm ban a basis for absentee voting, which may be seen either as a practical accommodation or as an unnecessary expansion of absentee eligibility. Law enforcement exceptions and the 100-foot buffer zone are also likely to be debated as to scope and enforceability.