Posted on 07/11/2011 4:50:41 AM PDT by marktwain
Gov. John Lynch has a chance to make sure that no other Granite Stater winds up in the position in which Moultonborough farmer Ward Bird famously found himself.
Bird had an angry encounter with a female stranger on his own property. He said he drew an unloaded pistol, but never pointed it at her. She said he pointed it toward her. He was convicted of felony criminal threatening and sentenced to three years in prison, the mandatory sentence for that crime.
Legislators have fixed that flaw in the law, and others. The changes are contained in Senate Bill 88, which landed on the governor's desk on Friday.
The bill contains four changes.
1. It removes the mandatory sentence for felony criminal threatening with a firearm convictions.
2. It removes from the definition of criminal threatening the mere display of a firearm.
3. It allows people to use deadly force in self defense if they are in any place they have a right to be.
4. It gives citizens immunity from civil (but not criminal) prosecution if they use force in defense of themselves or someone else.
We don't see the need for change No. 3, but we don't think it will make New Hampshire a more violent place, either.
Gov. Lynch thought Ward Bird's punishment did not fit his crime. This is the governor's chance to make sure no one else winds up like Bird did: too-severely punished for behavior that did not seem to rise to the level of a felony. He should sign the bill.
The GOP should be able to override any veto, but thus far they have a poor record of standing together on this.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.