dcmdon
NES Member
Here is a header web page. Great stuff for anyone who intends to carry a firearm in NH
http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-627.htm
Here it talks about justification:
Here: http://www.gencourt.state.nh.us/rsa/html/LXII/627/627-4.htm
1) NH has several statements describing a duty to retreat, but then says this, which is effectively a stand your ground statement:
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. . . . Retreat from the encounter, except that he or she is not required to retreat if he or she is within his or her dwelling, its curtilage, or anywhere he or she has a right to be, and was not the initial aggressor
Another interesting thing. You are allowed to brandish as a warning:
II-a. A person who responds to a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person or to another by displaying a firearm or other means of self-defense with the intent to warn away the person making the threat shall not have committed a criminal act.
In case you don't know what Curtlage is, its the area immediately around your dwelling. So since all castle doctrine language in the law includes the curtlage, then you can use force BEFORE the person makes it in. for example, someone trying to break in your door. (but you'd better be able to see the person and identify them as someone you don't know - both ethically and legally.)
Finally, if you lawfully use deadly force in defense of yourself or others, you are immune from civil action:
http://www.gencourt.state.nh.us/rsa/html/LXII/627/627-1-a.htm
Don
http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-627.htm
Here it talks about justification:
Here: http://www.gencourt.state.nh.us/rsa/html/LXII/627/627-4.htm
1) NH has several statements describing a duty to retreat, but then says this, which is effectively a stand your ground statement:
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. . . . Retreat from the encounter, except that he or she is not required to retreat if he or she is within his or her dwelling, its curtilage, or anywhere he or she has a right to be, and was not the initial aggressor
Another interesting thing. You are allowed to brandish as a warning:
II-a. A person who responds to a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person or to another by displaying a firearm or other means of self-defense with the intent to warn away the person making the threat shall not have committed a criminal act.
In case you don't know what Curtlage is, its the area immediately around your dwelling. So since all castle doctrine language in the law includes the curtlage, then you can use force BEFORE the person makes it in. for example, someone trying to break in your door. (but you'd better be able to see the person and identify them as someone you don't know - both ethically and legally.)
Finally, if you lawfully use deadly force in defense of yourself or others, you are immune from civil action:
http://www.gencourt.state.nh.us/rsa/html/LXII/627/627-1-a.htm
Don