Castle laws are winning in state after state...and Concealed Carry laws have already won in 47 states.
These are conservative, pro-gun, national trends that the Beltway Pundits can't see from their lofty perches in Washington, D.C.
Posted on 04/27/2006 10:56:50 AM PDT by Living Free in NH
CONCORD – The gun owners lobby scored a surprising reversal Wednesday, winning final approval of a bill that lets anyone use deadly force when attacked in public – even if retreating from an attacker is an option.
Under current law, deadly force can be used only if people are threatened in their home, or if in public they are the target of a deadly attack, a kidnapping or attempted rape. In other situations, retreat is required.
After a campaign by gun rights groups, House membersWednesday embraced expanding the deadly force law, on a vote of 193-134. Only five weeks ago, they had cast a lopsided measure against a similar bill.
The Senate already approved the bill, which goes now to Gov. John Lynch. The governor has “concerns” about the bill, but has yet to decide if he’ll sign or veto it, according to his communications director, Pamela Walsh.
The deadly force law was hotly debated.
“This only permits a New Hampshire citizen the right to defend themselves in a place they have a right to be. Law abiding citizens have that right,” said Farmington Republican Rep. Sam Cataldo.
Opposing the bill, Dover Democratic Rep. William Knowles said this would be an invitation for people to become vigilantes.
“This bill is unnecessary and creates the potential for people to use deadly force when they otherwise would not use deadly force or would have retreated from the incident,” Knowles said.
The House vote came after national and state gun rights groups lodged a letter and e-mail writing campaign.
“The Legislature got the message that people don’t have to retreat from criminals. Law-abiding people should be able to defend themselves,” said Alan Rice, treasurer of the New Hampshire Firearms Coalition.
The National Rifle Association did its own mailings and phone banks, targeting certain lawmakers late last week.
Attorney General Kelly Ayotte and the lobby of police chiefs opposed the bill.
The bill, submitted by Milford Republican Sen. Peter Bragdon, had looked dead in both legislative chambers, only to re-emerge with the help of House and Senate Republican leaders, who solidly support it.
Kingston Republican Rep. David Welch said he doesn’t believe the change will lead to many gun or knife fights that would not otherwise occur.
“The response of most people is to avoid a deadly conflict if they can, and I think that won’t change,” said Welch who supported the bill.
On a related matter, the House passed and sent to Lynch’s desk a bill to prevent the confiscation of guns or ammunition from people during a state of emergency.
“Nothing should chip away at our freedom,” Hudson Republican Rep. Lynne Ober said.
“If weapons had been confiscated centuries ago, we might have been singing ‘God Save the Queen.’”
I think this only makes sense. If not for guns we will be living under big brother right now.
Ok the above is the bill. There does seem to be a qualification from what I am reading that the person assaulted must be in probally some realistic fear of a felony. Now I have no idea what the felonies are in New Hampshire. However it appears that something more than a simple assault or battery that would be required. Usually that requires some sort of battery with a firearm or deadly weapon or to protect oneself against a an attack thats purpose is to cause death or great bodily harm. Also there are laws against hitting pregnant woman in the manner you describe. Those often have a felony component So at least that clears up some issues I have. As a side note, discussion here is always nicer when people don't jump to assumptions about folks.
By looking up the bill that was all handled nicely. It puts it all in context a little.
I would imagine if you shot someone in the back after they decided to flee the scene of the assault you would face prosecution.
This place is armed to the teeth, one of the surest ways to guess that the property owner would display the Republican signs we were setting up was to look for a gun owners of NH sticker.
The mentality in NH, about guns, is so different from Mass that it takes awhile to get used to it. In the booners where I am going to be living the major crimes are DUI and wife beating. NH is a user friendly State, but the laws that they have are enforced, which is not a bad idea.
Castle laws are winning in state after state...and Concealed Carry laws have already won in 47 states.
These are conservative, pro-gun, national trends that the Beltway Pundits can't see from their lofty perches in Washington, D.C.
Looking at the actual Bill's Text clarifies things
III. A person who is attacked in any other place where he or she has a right to be shall have no duty to retreat and shall have the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so, to prevent death or serious bodily injury to himself, herself, or another.Under the proposed law, I DO NOT have the right to shoot you in response to you punching me in the face, or threatening to. I DO have the right to shoot you if you come at me with a knife. The law does not authorize the use of deadly force in a common fight
If you're a member of the NRA, then I'm Santa Claus.
Even under the new law, you may only use deadly force to protect your life, or the life of an innocent. So, in just about any locality, a simple punch is not justification to draw a deadly weapon (one exception is if there is a gross disparity of strength, eg man versus muscular young man, sufficient that the defender is in reasonable fear of being beaten to death). And once the attacker retreats, you are no longer in deadly danger, and thus have no right to use deadly force.
An exception to the above is if you see the attacker is moving away to grab a weapon, or to get to cover where he can shoot you while being safe from return fire
" LOVE it in NH
moved here from Mass in 03 :)
too bad we will be stuck with Lynch as Governor for the foreseeable future"
Yes, I love NH too.
Moved here from RI in 04 :)
"I'm thinking more along the lines of he hit you, you pull out a gun, he freezes in fear - then what?"
BANG - that's what, and now he's no longer a problem to anyone ever again (he should have thought of this before starting the assault). Now you don't have to worry about facing a room full of idiot (jury) who will deliberate, discuss, and try to second guess how you could have / should have acted :-(
Besides, how do you know he was frozen in fear. Perhaps he is just catching his breath before resuming the attack. I way again - BANG. If you don't want to get shot, don't pick me as a target (especially if I am out with my 5 children).
House reverses course, supports expanded use of deadly force (NH)
In New Hampshire, there is no lower age limit for issuance of a concealed-carry license, open carry is a constitutional right, and the principal restriction on 18-21 year-old second-class citizens is the federal prohibition against purchasing a handgun from a federally-licensed dealer.
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