Posted on 06/26/2011 11:04:52 AM PDT by marktwain
SB 88 – VERSION ADOPTED BY BOTH BODIES
03/30/11 1310s
1June2011… 2156h
06/22/11 2487CofC
2011 SESSION
11-0341
04/09
SENATE BILL 88
AN ACT relative to physical force in defense of a person, brandishing a firearm or other means of self-defense, and carrying firearms.
SPONSORS: Sen. Boutin, Dist 16; Sen. Barnes, Jr., Dist 17; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. Bragdon, Dist 11; Sen. De Blois, Dist 18; Sen. Forsythe, Dist 4; Sen. Gallus, Dist 1; Sen. Groen, Dist 6; Sen. Lambert, Dist 13; Sen. Luther, Dist 12; Sen. White, Dist 9; Rep. Baldasaro, Rock 3; Rep. Jennifer Coffey, Merr 6; Rep. Swinford, Belk 5
COMMITTEE: Judiciary
AMENDED ANALYSIS
This bill:
I. Allows a person who is anywhere he or she has a right to be to use deadly force to protect oneself or a third person.
II. Inserts a civil immunity provision for the use of force against a perpetrator in certain circumstances.
III. Deletes the minimum mandatory sentencing requirement for felony convictions which include the possession, use, or attempted use of a firearm.
IV. Amends the definition of “non-deadly force” to include the act of producing or displaying a weapon.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/30/11 1310s
1June2011… 2156h
06/22/11 2487CofC
11-0341
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to physical force in defense of a person, brandishing a firearm or other means of self-defense, and carrying firearms.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Physical Force in Defense of Person. Amend RSA 627:4, III to read as follows:
III. A person is not justified in using deadly force on another to defend himself or herself or a third person from deadly force by the other if he or she knows that he or she and the third person can, with complete safety:
(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 anywhere he or she has a right to be, and was not the initial aggressor; or
(b) Surrender property to a person asserting a claim of right thereto; or
(c) Comply with a demand that he or she abstain from performing an act which he or she is not obliged to perform; nor is the use of deadly force justifiable when, with the purpose of causing death or serious bodily harm, the [actor] person has provoked the use of force against himself or herself in the same encounter[.]; or
(d) If he or she is a law enforcement officer or a private person assisting [him] the officer at [his] the officer’s direction and was acting pursuant to RSA 627:5, [he] the person need not retreat.
2 Sentences and Limitations. Amend RSA 651:2, II-g to read as follows:
II-g. If a person is convicted of a felony, an element of which is the possession, use or attempted use of a deadly weapon, and the deadly weapon is a firearm, such person may be sentenced to a maximum term of 20 years' imprisonment in lieu of any other sentence prescribed for the crime. [The person shall be given a minimum mandatory sentence of not less than 3 years' imprisonment for a first offense and a minimum mandatory sentence of not less than 6 years' imprisonment if such person has been previously convicted of any state or federal offense for which the maximum penalty provided was imprisonment in excess of one year, and an element of which was the possession, use or attempted use of a firearm. Neither the whole nor any part of the minimum sentence imposed under this paragraph shall be suspended or reduced.]
3 New Section; Justification; Civil Immunity. Amend RSA 627 by inserting after section 1 the following new section:
627:1-a Civil Immunity. A person who uses force in self-protection or in the protection of other persons pursuant to RSA 627:4, in the protection of premises and property pursuant to RSA 627:7 and 627:8, in law enforcement pursuant to RSA 627:5, or in the care or welfare of a minor pursuant to RSA 627:6, is justified in using such force and shall be immune from civil liability for personal injuries sustained by a perpetrator which were caused by the acts or omissions of the person as a result of the use of force. In a civil action initiated by or on behalf of a perpetrator against the person, the court shall award the person reasonable attorney’s fees, and costs, including but not limited to, expert witness fees, court costs, and compensation for loss of income.
4 Justification; Definitions. Amend RSA 627:9, IV to read as follows:
IV. “Non-deadly force” means any assault or confinement which does not constitute deadly force. The act of producing or displaying a weapon shall constitute non-deadly force.
5 Effective Date. This act shall take effect 60 days after its passage.
It seems that about 95% + of the time, the mere presence of a firearm defuses the situation. If people wait until they are attacked to produce the firearm, then attacks become more likely. Allowing them to show a potential attacker that they are armed makes the attack less likely.
We also had a problem with criminal calling police and claiming that they were the victim, when a citizen prevented an attack but did not have to shoot.
I am so confused with these laws all changing so fast. It’s almost as if they are intentionally trying to confuse everyone. They told us in my CCW class (3 years ago) that if you so much as moved the hem of your shirt to intentionally reveal a gun (without even putting your hand on it) that it would be considered “brandishing.”
It may still be that way in your state, if your state is not Arizona, New Hampshire, Wyoming, Montana...
Yes, it is confusing, but it is the way to victory, a little incremental step at a time.
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