Sunday, January 22, 2006

NH No Retreat Legislation

This is very interesting. I'm really liking some of the legislation on the board for this year.

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.

Not really much by way of news, but I did find this:
Milford Sen. Peter Bragdon has proposed changing the law so a person under attack could respond with deadly force, even if an escape route is available. The only exception under the current law involves deadly threats made in a person's home.

Bragdon, a Republican, said his bill would make it clear that people have the right to defend themselves without first having to retreat.
Associate Attorney General Ann Rice said changing the law increases the potential for deadly encounters in the streets. She said deadly force should only be used in self-defense when there is no other reasonable alternative.
Bragdon isn't quite right. I believe the law would still require that only "like" force be used. If you didn't think your life was in danger you couldn't just shoot an attacker.

As for Rice, her contention of the increase of deadly force is the usual crap we expect from the "don't defend yourself" crowd. I'd be very surprised if the State Police and police organizations overall don't come out with this type of statements. This law is very similar to the one in Florida and I've yet to hear of any "Dodge City" gun battles in Florida that have come about due to their law.

I think the law may have a tougher time than the No-Confiscation law. But I think NH has shown that it's previous gun laws have not changed the environment of violence in any negative way.

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