Last weekend, the town of Alstead held an annual event at Vilas Pool locally referred to as "Vilas Pool Day", a town-owned recreation area. Two people were at this event open carrying sidearms, which is generally not considered unusual as New Hampshire is well known as an open carry state. A member of Vilas Pool's board of directors approached the men and instructed them to remove their firearms from the recreation area, citing a no-firearms policy at Vilas Pool.

The men complied with the organizer's order, but Gordon Kemp, one of the open carriers, was doubtful of the Vilas Pool policy establishing the area as a gun-free zone. After the event, Kemp checked New Hampshire's law regarding firearms on public property. While the Vilas Pool recreation area was donated as a gift, it is town property.

A provision in state law, RSA 159:26, statesthat "Except as otherwise specifically provided by statute, no ordinance or regulation of a political subdivision may regulate the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state." RSA 159:26 effectively prohibits political subdivisions in New Hampshire from passing any policies or ordinances that override state law.