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To: mvpel; archy

Leave it to an AP story. What was the vote in the Senate, and what vote do you need to overturn a veto in NH?


3 posted on 04/28/2006 7:08:32 AM PDT by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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To: neverdem
Here's the roll call vote results in the House. It passed 193 to 134, at 59%. It passed by only a single vote in the Senate.

However, I suspect that this was mainly a result of misleading propaganda put out by the anti-self-defense activists, the familiar refrain from Florida and everywhere else about blood running in the streets and the like. I suspect that at least a few of the reps didn't understand the meaning and implications of the change in law, thinking that it was carte blanche to kill panhandlers or some such ridiculous notions encouraged by the anti-self-defense lobby. The law on the justification for the use of deadly defensive force still applies, and has not been changed one iota by this bill.

A two-thirds majority is needed to override a veto, but I suspect that if Lynch does veto, it will be political suicide for him. We now have three different pro-gun groups in the state, undoubtedly which are all already plotting to target the anti-self-defense reps on the Criminal Justice and Public Safety committee, and Lynch would make a nice juicy target to add to the mix.

4 posted on 04/28/2006 7:22:09 AM PDT by mvpel (Michael Pelletier)
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To: neverdem; AAABEST; A.J.Armitage; archy; austingirl; BADROTOFINGER; Baseballguy; Beck_isright; ...
Leave it to an AP story. What was the vote in the Senate, and what vote do you need to overturn a veto in NH?

No news stories on the vote are yet posted at either the FSP website or the NRAs, so we'll see. There are a couple of other places for me to check, so watch this space. Accordingly, FSP and FSW PorcuPing!

In the meantime, here's the final text of the bill [SB318] as it passed the NH House- I don't believe there were any significant alterations.

SB 318-FN – VERSION ADOPTED BY BOTH BODIES

2006 SESSION

06-2964

04/01

SENATE BILL 318-FN

AN ACT relative to the use of deadly force to protect oneself.

SPONSORS: Sen. Bragdon, Dist 11; Sen. Letourneau, Dist 19; Rep. Stepanek, Hills 6; Rep. Hinkle, Hills 19; Rep. Mooney, Hills 19; Rep. Soltani, Merr 8

COMMITTEE: Judiciary

ANALYSIS

This bill allows a person who is in any place where he or she has a right to be to use deadly force to protect oneself.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2964

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to the use of deadly force to protect oneself.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Physical Force in Defense of a Person. Amend RSA 627:4, II(d) to read as follows:

(d) Is likely to use any unlawful force in the commission of a felony against the actor within such actor's dwelling [or], its curtilage, or in any place where the actor has a right to be.

2 Physical Force in Defense of a Person. Amend RSA 627:4, III(a) to read as follows:

(a) Retreat from the encounter, except that he or she is not required to retreat if he or she is within his or her dwelling [or], its curtilage, or in any place where he or she has a right to be, and was not the initial aggressor; or

3 Effective Date. This act shall take effect January 1, 2007.

LBAO

06-2964

12/7/05

SB 318-FN - FISCAL NOTE

AN ACT relative to the use of deadly force to protect oneself.

FISCAL IMPACT:

The Departments of Justice and Corrections and the Judicial Branch state this bill may increase state expenditures by an indeterminable amount in FY 2007 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue or county and local expenditures.

METHODOLOGY:

The Department of Justice states this bill would expand the right to use deadly force in self-defense, and concomitantly limit the situations in which the use of deadly force would not be justified. The Department believes expanding the situations in which the use of deadly force in self-defense is permissible creates the potential that New Hampshire residents will resort to the use of deadly force when they otherwise would have used non-deadly force or retreated from the situation. This could result in an increase in homicides. The Department would be responsible for overseeing the investigation of any such homicide, and if it was determined that the use of deadly force was not justified under statute, the prosecution. The oversight of a homicide investigation, leading to a determination of whether or not a person will be charged, would require approximately 290 hours of attorney time, 20 hours of secretarial time, and 245 hours of victim/witness advocate time. The prosecution of a homicide would require approximately 1,660 hours of attorney time, 100 to 150 hours of paralegal time, 140 hours of victim/witness advocate time, and 50 hours of secretarial time. There could also be costs incurred for expert witnesses, deposition of witnesses, travel and lodging for out-of-state witnesses, and miscellaneous expenses for the preparation of trial exhibits.

The Department of Corrections states the number of individuals that will be affected by this legislation cannot be predicted. The average annual cost of incarcerating an individual in the general prison population was $28,143 in FY 2005.

The Judicial Branch states this bill extends the place where deadly force may be used to any place where one has a right to be. The Branch is unable to determine the fiscal impact at this time, but estimates any impact will be minimal and not exceed $10,000.

LBAO

06-2964

12/7/05

The Judicial Council states this legislation does not establish a criminal act or penalty, and will have no impact on indigent defense fund expenditures

6 posted on 04/28/2006 7:29:02 AM PDT by archy (I am General Tso. This is my Chief of Staff, Colonel Sanders....)
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To: neverdem; Joe Brower; Shooter 2.5
NRA has it now. Here you go:

Vital Pro-Gun Legislation Sent To Governor's Desk In New Hampshire!

Thursday, April 27, 2006

Please Call Governor Lynch Today and Ask For His Support!

The New Hampshire House of Representatives passed two important pieces of pro-gun legislation sponsored by State Senator Peter E. Bragdon (R-11).

SB 318, would reform "Castle Doctrine" laws so that: (1) a person would have the right to meet force with force to protect himself or herself and family members regardless of their location, and (2) there would be no "duty to retreat" from any place a person may lawfully be.

SB 348, known as "Emergency Powers" legislation, would prohibit state and local law enforcement agencies or their agents from confiscating firearms from law-abiding citizens or prohibiting the transport, sale, carrying, and use of firearms during declared state emergencies, except in the course of enforcing laws against criminal possession or use of firearms.

Please contact Governor John Lynch (D) today and respectfully ask him to choose your personal protection over partisan politics by signing SB 318 and SB 348. You can reach Governor Lynch by phone at (603) 271-2121 or via email at www.egov.nh.gov/governor/goveforms/comments.asp.

It is unreasonable for victims of a crime to have to worry about being arrested or prosecuted if they use force to defend themselves or their family!

Citizens throughout New Hampshire are counting on you to contact Governor Lynch TODAY!

For further contact information on your legislators, please use the "Write Your Representatives" feature found at http://www.nraila.org/.

8 posted on 04/28/2006 8:06:03 AM PDT by archy (I am General Tso. This is my Chief of Staff, Colonel Sanders....)
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To: neverdem
Nashua Telegraph Story FReeppost here:

House OKs deadly force in public (NH)

9 posted on 04/28/2006 8:11:43 AM PDT by archy (I am General Tso. This is my Chief of Staff, Colonel Sanders....)
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To: neverdem
Boston Glob writeup *here*.
10 posted on 04/28/2006 9:39:07 AM PDT by archy (I am General Tso. This is my Chief of Staff, Colonel Sanders....)
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