Veto SB318 and support civility:
Call it the “Shoot First” bill or the “Choice To Kill” bill. Any way you look at it, Senate Bill 318 would move New Hampshire toward a less civil and a more confrontational social condition. Thoughtful and progressive NH citizens must call or email the Governor asking him to VETO this dangerous bill. The mail and email coming in to the Governor's office is overwhelmingly recommending that the Governor sign this legislation. Much of this is form-based email is likely coordinated by the NRA.

We know that the gun lobbyists don't represent the majority of NH citizens. But we need to let the Governor know too!

Please take a moment now and go to the link below to write the Governor a short email note telling why you want him to veto this bill. Distribute this email alert all over the state. We can win this!!!

Governor Lynch email link: http://www.egov.nh.gov/governor/goveforms/comments.asp

Thanks for all you do to maintain a civil democracy.

Herb Moyer, DFNH Board Member

Read below for more information!

Talking points to make in an email to the Governor:

• This is not a “stand your ground” bill; it is a “choice to kill” bill
• The bill would make NH less civil and more confrontational
• A year-old Florida law sanctioning the use of deadly force….is being raised as a defense in at least three shootings in Florida.
• The NH Justice Department believes expanding the situations in which the use of deadly force in self-defense is permissible creates the potential that New Hampshire residents will resort to the use of deadly force when they otherwise would have used non-deadly force or retreated from the situation. This could result in an increase in homicides. (from the “Methodology” analysis of the bill…below)
• In a strange way, this bill codifies in NH law our national administration’s policy of “Pre-Emptive Strike”
• Using the Department of Justice “Methodology” fiscal statement of investigation and prosecution times involved in a single homicide case, and applying reasonable hourly rates to those times, results in a fiscal impact of $205,200 for a single homicide case, not counting deposition costs, expert witness costs, etc.

Excerpts from the Kavan Peterson-Stateline.org article:
“Since the law was adopted by Florida, it has been cited as a defense in at least three cases, Hamm said. The cases include a tow-truck operator who shot and killed an unarmed man who tried to drive his car from the tow lot without paying the towing fees; a man who got in a fight and then shot his opponent; and several individuals accused in a gang shooting that resulted in two deaths.”

“Legal experts say that "duty to retreat" statutes requiring people to avoid potentially deadly confrontations are based on English common law dating back to the reign of King Henry VIII. The idea that "duty to retreat" doesn't apply in a person's home is based on another common law principle often called the "Castle Doctrine," which established the right to use deadly force against intruders in your home.”

More information:
DESCRIPTION: This would expand the right of citizens to use deadly force even when they could retreat from an assault.
STATUS: The House of Representatives approved the Senate-passed measure by a 193-134, a stunning reversal of action it had taken on a similar bill (HB 1354) five weeks ago. Soon, the measure goes to Gov. John Lynch who has said he has “concerns’’ about the measure, which is opposed by police chiefs and Attorney General Kelly Ayotte. Under current law, deadly force can be used only if people are threatened in their home, or if in public they are the target of a deadly attack, a kidnapping or attempted rape. In other situations, retreat is required. After a campaign by gun rights groups, House members Wednesday embraced expanding the deadly force law, on a vote of 193-134. Only five weeks ago, they had cast a lopsided measure against a similar bill.


SENATE BILL 318-FN
AN ACT relative to the use of deadly force to protect oneself.
SPONSORS: Sen. Bragdon, Dist 11; Sen. Letourneau, Dist 19; Rep. Stepanek, Hills 6; Rep. Hinkle, Hills 19; Rep. Mooney, Hills 19; Rep. Soltani, Merr 8
COMMITTEE: Judiciary
ANALYSIS
This bill allows a person who is in any place where he or she has a right to be to use deadly force to protect oneself.
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.
06-2964
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the use of deadly force to protect oneself.
Be it Enacted by the Senate and House of Representatives in General Court convened:
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.
LBAO
06-2964
12/7/05
SB 318-FN - FISCAL NOTE
AN ACT relative to the use of deadly force to protect oneself.
FISCAL IMPACT:
The Departments of Justice and Corrections and the Judicial Branch state this bill may increase state expenditures by an indeterminable amount in FY 2007 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue or county and local expenditures.
METHODOLOGY:
The Department of Justice states this bill would expand the right to use deadly force in self-defense, and concomitantly limit the situations in which the use of deadly force would not be justified. The Department believes expanding the situations in which the use of deadly force in self-defense is permissible creates the potential that New Hampshire residents will resort to the use of deadly force when they otherwise would have used non-deadly force or retreated from the situation. This could result in an increase in homicides. The Department would be responsible for overseeing the investigation of any such homicide, and if it was determined that the use of deadly force was not justified under statute, the prosecution. The oversight of a homicide investigation, leading to a determination of whether or not a person will be charged, would require approximately 290 hours of attorney time, 20 hours of secretarial time, and 245 hours of victim/witness advocate time. The prosecution of a homicide would require approximately 1,660 hours of attorney time, 100 to 150 hours of paralegal time, 140 hours of victim/witness advocate time, and 50 hours of secretarial time. There could also be costs incurred for expert witnesses, deposition of witnesses, travel and lodging for out-of-state witnesses, and miscellaneous expenses for the preparation of trial exhibits.
The Department of Corrections states the number of individuals that will be affected by this legislation cannot be predicted. The average annual cost of incarcerating an individual in the general prison population was $28,143 in FY 2005.
The Judicial Branch states this bill extends the place where deadly force may be used to any place where one has a right to be. The Branch is unable to determine the fiscal impact at this time, but estimates any impact will be minimal and not exceed $10,000.