Bill Text: NH HB208 | 2019 | Regular Session | Introduced


Bill Title: Relative to the justified use of deadly force upon another person.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced) 2019-03-19 - Inexpedient to Legislate: Motion Adopted Regular Calendar 200-150 03/19/2019 House Journal 10 P. 96 [HB208 Detail]

Download: New_Hampshire-2019-HB208-Introduced.html

HB 208 - AS INTRODUCED

 

 

2019 SESSION

19-0234

04/06

 

HOUSE BILL 208

 

AN ACT relative to the justified use of deadly force upon another person.

 

SPONSORS: Rep. Abramson, Rock. 20; Rep. Spillane, Rock. 2; Rep. Sylvia, Belk. 6; Rep. Edwards, Rock. 4; Rep. Fowler, Rock. 20; Rep. D. Davis, Rock. 16; Rep. True, Rock. 4

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill clarifies the language in the statute relating to physical force in defense of a person.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0234

04/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to the justified use of deadly force upon another person.

 

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

 

1  Statement of Purpose.  The general court finds that inhabitants have both a right and a duty to defend their own family and the occupants of their home.  When a private citizen is faced with an immediate threat to someone in his or her household, the U.S. Supreme Court has held that, "Detached reflection cannot be demanded in the presence of an uplifted knife." Brown v. United States, 256 U.S. 335 (1921).  Further, the New Hampshire constitution, part first, article 2-a reads, "All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state."

2  Justification; 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 or another within such actor's dwelling or its curtilage.

3  Effective Date.  This act shall take effect 60 days after its passage.

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