Veto Message of Governor John H. Lynch Regarding Senate Bill 318
By the authority vested in me as Governor of New Hampshire, pursuant to Part II, Article 44 of the Constitution of New Hampshire, on May 12, 2006, I vetoed SB 318, an act relative to the use of deadly force to protect oneself.
SB 318 will undermine public safety in New Hampshire and will frustrate aggressive prosecutions against drug dealers and other felons who escalate violence and dangerously discharge guns in our streets and neighborhoods. That is why the Attorney General, the New Hampshire Association of Police Chiefs, county attorneys and law enforcement officials across this state have all urged me to veto this bill. Moreover, both policy committees that heard testimony on this bill - the Senate Judiciary Committee and the House Criminal Justice and Public Safety Committee - opposed the bill.
I have tremendous respect for New Hampshire's police officers. Each day, they put themselves in harm's way to ensure that our communities remain safe and our laws are diligently enforced. SB 318 will make it more difficult, and more dangerous, for police officers to do their jobs.
New Hampshire law already makes clear that citizens can stand their ground and use deadly force whenever necessary to protect themselves and their loved ones whose lives are in jeopardy. Current law allows a person to use deadly force in any location against another in response to deadly force, or to prevent the commission of a serious crime such as kidnapping or forcible sexual assault, wherever and whenever those crimes may occur. Current law also justifies the use of deadly force against intruders entering one's home, regardless of whether the intruder has used or threatened to use deadly force. These laws honor the sanctity of human life, the sanctity of one's own home, and the right of citizens to defend themselves and others.
Our current laws are working well, and there is no indication that they have been misapplied or abused by prosecutors. At the public hearings on this bill, no cases were identified where an individual was wrongly convicted or unjustly charged with a criminal offense for having used deadly force in self defense or in defense of others. Prosecutors recognize the legitimate use of deadly force in self defense by New Hampshire citizens.
SB 318 would legalize a host of inappropriate uses of deadly force. The bill would allow a person to use deadly force in response to many instances of non-deadly force that do not warrant the taking of another human life, even in public places such as shopping malls, public streets, restaurants and churches. In a crowded shopping mall, for example, SB 318 would authorize any shopper to instantly shoot and kill a thief who had grabbed or tugged at the shopper's purse or briefcase, regardless of how many shoppers might be placed in harm's way by such actions. Deadly force should only be used in public places when absolutely necessary, for which existing law already provides.
In our courts, SB 318 would offer new defenses to hardened criminals. SB 318 would burden our prosecutors and benefit felons and drug dealers who brandish weapons and carry out violent encounters to support their illegal trade. This bill will only encourage felons to inject violence into our public places under the guise of self defense.
I will continue to support legislation that supports our police officers, strengthens our public safety and honors the rights of New Hampshire citizens to protect themselves and their loved ones against danger. This bill does not further any of those goals, and represents a dramatic and unwarranted change in our criminal law. Given that current law is effectively working and widely supported by the law enforcement community, I am vetoing SB 318.
Respectfully submitted,
Governor
Date: May 12 2006