Expands the allowable use of physical force for self-defense within a person's home to cover actions taken against someone who is likely to use unlawful force while committing a felony against any person on the property.
Stand Your Ground/Castle Doctrine
Under castle doctrine laws, a resident may use deadly force without first attempting retreat if the resident is attacked in his or her home. Under so-called "stand your ground" laws, a resident may use deadly force anywhere he or she has a right to be without first attempting retreat.
Prior to 2011, New Hampshire had a castle doctrine law. In 2011 the state Legislature overrode then-Governor Lynch's veto of SB 88, a bill that expanded the legal use of deadly force to a "stand your ground" law.
PROS & CONS
"New Hampshire should repeal the 'stand your ground law' and return to the castle doctrine."
- Supporters of "stand your ground" argue that residents have a right to defend themselves from attack no matter the circumstances. Supporters also argue that empowering citizens to defend themselves with lethal force may deter criminals.
"New Hampshire should uphold the "stand your ground law" and not return to the castle doctrine."
- Opponents of "stand your ground" argue that the law should not permit escalation to lethal force when retreat is possible. Many point to the case of Trayvon Martin, an unarmed teenager living in Florida who was shot to death after being pursued by neighborhood watch coordinator George Zimmerman. Although he later faced trial, police first cleared Zimmerman under Florida's "stand your ground" law.
Allows the use of deadly force if a person is aiding or abetting a person committing kidnapping or sexual assault.
Makes some changes to the definitions in the law governing the use of deadly force. For example, this bill defines "residence" as "a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest."
Changes the definition of deadly force to include only acts that actually result in death or permanent loss or impairment of any part of the body. The current definition of deadly force includes acts with the intent or risk of serious injury, such as firing a firearm in the direction of another person.
Limits the use of deadly force, repealing "Stand Your Ground" in favor of the "Castle Doctrine." Under this bill victims could use deadly force within their homes without retreating, but anywhere else they would have to attempt retreat before resorting to deadly force.
Expands the use of deadly force, adding "Stand Your Ground" to the "Castle Doctrine." Under this bill victims could use deadly force without retreating, anywhere the victim has the right to be.
Should NH repeal "stand tour ground" and return to the castle doctrine?
Rep. James McConnell sponsored a bill in 2018 that would have explicitly allowed the use of deadly force against someone who is helping someone else commit a kidnapping or a sexual assault. The bill was sent to interim study.
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