Repeal the NH "Stand Your Ground" Law

In 2011, the New Hampshire Legislature overrode the veto by Governor Lynch of Senate Bill SB88 effectively creating a NH “Stand Your Ground” Law, that is essentially equivalent to the controversial law in Florida at the center of the Trayvon Martin killing case. 

SB88 made 3 changes to NH Law as follows:

1.   Extended the “castle defense” provisions of NH Law RSA 627 allowing citizens to use deadly force against intruders in their homes to “anywhere he or she has the right to be” in the State of New Hampshire. That broad statement includes, schools, courthouses and any other public place where the presence of loaded firearms may create a dangerous situation

2.   Provided civil court immunity for the citizen that uses deadly force against a perceived perpetrator that appears to be threatening that person or anyone else that person thinks may be in mortal danger. This tacitly assumes that the shooter is a responsible and rational gun owner and not some angry person with a score to settle, paranoid conspiracy theorist like much of the “patriot” militia community, or some Rambo wannabe that loves to play with guns.

3.   Defined producing or displaying a firearm as a form of non-deadly force. This makes it less serious an action in the eyes of the law to produce a weapon in public, ignoring the fact that this might cause perception of mortal danger in other people at that location and start a gun fight.

NH Law as amended by SB88, is now a threat to public safety and invites interference of any citizen with the duties of police and other public safety officers. By executing the second provision of SB88, the citizen automatically assumes the right of enforcement, judgement and execution of the law including the possibility of a death sentence. This is too much responsibility to place in the hands of a citizen that has not been certified as a trained, public safety officer in a free, democratic society.  

Imagine what might happen if someone murders another NH citizen; shoots that person, plants a firearm in their hand and claims that they were threatened with mortal danger as a defense. How about a person pulling a gun out of their glove compartment in a road rage incident and starting a mobile gunfight on Route 93. Or an untrained citizen  misinterpreting pursuit of a dangerous criminal by a plainclothes law officer. And what about the danger of collateral damage caused by untrained citizens using semiautomatic handguns in a tense public situation – the family of an innocent bystander, injured or killed by a trigger-happy citizen might not be able to sue the shooter in a civil court. Suppose the bystander, in this situation, was the primary breadwinner of a family.  

In the 2013 session of the NH House, Representative Steven Shurtleff of Merrimack has courageously sponsored House Bill HB135. If this bill is passed, it will delete these dangerous and unfair provisions of SB88 from NH Law. The NRA has already blanketed New Hampshire with its legislative directive to fight HB135.

HB135 is scheduled to be discussed next week at the Statehouse. Please contact your Amherst Representatives, Shannon Chandley, Robert Rowe and Peter Hanson to urge them to vote FOR HB135 and tell your friends in other towns to do the same.

You can reach them at;

silviachandley@aol.com

rh.rowe@comcast.net

Peter.Hansen@leg.state.nh.us