NH Governor Lynch VETOES "Stand Your Ground"

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Manedwolf

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Not even going to say anything, because it would most certainly NOT be anything High Road.

This whole statement, BTW, is a LIE. It would have done only one thing, it would have amended the existing law as follows...changes in italics.

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

Compare that with the blatant, distorted lies below.
------------------------------------------------

Governor Vetoes SB 318

CONCORD - Joined by more than 40 representatives of New Hampshire's law enforcement community, Gov. John Lynch announced this morning that he has vetoed Senate Bill 318, legislation that would have dramatically and inappropriately changed New Hampshire's laws governing the use of deadly force.

"Existing New Hampshire law makes clear that citizens can stand their ground and use deadly force whenever it is necessary to protect themselves and their loved ones, "Gov. Lynch said. "Our existing laws honor the sanctity of human life and the right of our citizens to defend themselves and others. It is a law that has worked well. I've seen no evidence of any case in New Hampshire where someone was unjustly prosecuted for defending themselves or their loved ones."

Current New Hampshire 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, where and whenever those crimes may occur. Current law also allows New Hampshire citizens to use deadly force against intruders in their own homes, regardless of whether the intruder has used or threatened to use deadly force.

"This legislation would legalize a host of inappropriate uses of deadly force. This bill would allow a person to use deadly force in response to non-deadly force, even in public places such as shopping malls, public streets, restaurants, and churches. This is a dramatic change to our current laws. SB 318 would allow any shopper to shoot and kill a thief who grabbed or tugged at the shopper's purse, no matter how many shoppers might be placed in harm's way, "Gov. Lynch said.

"Under this proposed legislation, one drug dealer, or other hardened criminal, could kill another, and then claim self-defense in court. We do not want to put in place a law that would encourage felons to inject further violence in our communities," he said.

"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 legislation does not further any of those goals," Gov. Lynch said.

Among the people joining Gov. Lynch for today's announcement were Attorney GeneGovernor Lynch vetoed SB 318ral Kelly Ayotte, Strafford County Attorney Janice Rundles, Carroll County Sheriff Scott Carr, representing the New Hampshire Sheriffs Association, New Hampton Police Chief Nathan Sawyer, representing the New Hampshire Association of Police Chiefs, Col. Fred Booth of the New Hampshire State Police, and representatives from the Pittsfield, Litchfield, Londonderry, Allenstown, Bow, Weare, Goffstown, Keene, Merrimack, Bedford, Pelham, Claremont, Enfield, Manchester, Milford, Sanborton, Windham, Hollis, New London, Bradford, Boscawen police departments, and the Hillsborough, Grafton and Carroll County Sheriff departments, and of Police Standards and Training.

A copy of the Governor's veto message is below.

# # #

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.
 
This passed EASILY in both the senate and house!
I don't think so. Isn't this the one that only passed because one Senator mistakenly changed his vote, and never changed it back? Passed out by one vote, or am I confused here?
 
No, this was SB 318, and it passed 193 to 134.

If he vetoes SB 348 as well, which would prohibit New Orleans-style gun grabbing in a state of emergency, (which passed 235-91, and I am keeping careful track of those dangerous 91) I will be among those calling for the governor's resignation, a vote of no-confidence by the legislature, whatever it takes.
 
Note the last line. You're quoting the House vote. Senate only has 24 members.

Lynch vetoes deadly-force bill

By KEVIN LANDRIGAN, Telegraph Staff
[email protected]

Published: Friday, May. 12, 2006

CONCORD – Gov. John Lynch vetoed legislation today that would have allowed people to use deadly force even when they could safely retreat from an assault.

Flanked by two dozen law enforcement leaders, Lynch said the current law strikes the proper balance between respecting the rights of gun owners and protecting the public from vigilante justice.

“I am concerned this legislation would legalize a host of inappropriate uses of deadly force,” Lynch said.

Milford Republican Sen. Peter Bragdon authored the bill on deadly force (SB 318), which was a top priority of the state’s gun lobby. Supporters of the bill said people should be able to use a weapon if confronted by a violent criminal.

“To not allow people to protect themselves is wrong,” said Senate Majority Leader Robert Clegg, R-Hudson. “Police force is just one method. We need to also rely on ourselves.”

But Attorney General Kelly Ayotte said the law allows someone to use deadly force if he or she doesn’t have time to retreat, such as in a violent, split-second confrontation.

“The duty to retreat is only if you can do so with complete safety,” Ayotte said.

Prosecutors and police chiefs also said the law would empower felons to claim self-defense in response to a violent skirmish, such as a drug deal gone bad.

Senate President Ted Gatsas, R-Manchester, said the vote to try and override Lynch’s decision would come during a one-day session in June to take up all of Lynch’s vetoes.

Lynch is almost assured of winning this fight, as the Senate only passed the measure by a single vote. A veto override requires a two-thirds majority to succeed.
 
That's true. This is the line that really galls me, though...
Prosecutors and police chiefs also said the law would empower felons to claim self-defense in response to a violent skirmish, such as a drug deal gone bad.

Um...hello. No it would not. If a FELON, being a FELON, illegally owns a gun AND shoots someone..can anyone tell me what happens? Geez!
 
this last year alone, how many governors forgot who it is they work for and decided to listen to hired government employees instead?
 
never vote for him again

that being said, NV gunnies can't seem to get energized to pass a law like that here either
 
From another article:

Flanked by two dozen law enforcement leaders, Lynch said the current law strikes the proper balance between respecting the rights of gun owners and protecting the public from vigilante justice.

So, with his loyal police-state troops behind him...never mind the will of the people as expressed through their elected representatives! He listens to 24 "statist police", apparently.

He is OUT of office next term, if not before. I sincerely hope the NRA makes a lot of noise about this. NH voters tend to throw out ineffective or corrupt leaders, and Lynch was elected because Benson really didn't do anything but put some cronies in high-paid positions and ignore the people. He will be thrown out next election for certain. (slashing education budgets while giving about $200k more to state DMV 10:00am-4:15pm workers to actually answer their phones they've not been bothering to answer isn't impressing anyone, either)

What gets me is the LIES. Like the "felons could..." bit. Felons can't have guns! What are we getting into in this country when the "law enforcement leaders" directly oppose the rights of the people?
 
It's extremely disconcerting that this moron forgot about the "Felons can't have guns legally so any fatal shooting would result in a murder charge" thing. Vote him out, It's good that you guys have more than a few pro gun politicos.
 
It's extremely disconcerting that this moron forgot about the "Felons can't have guns legally so any fatal shooting would result in a murder charge" thing.

Oh, I don't think he forgot at all. He LIED. He came up with hypothetical scary scenarios of shootouts in malls over drug deals. His statement didn't even read the single line that would be amended in the law, merely told scary stories, fabrications and lies about what it would do.

EXACTLY the same ones they used in Florida...and none of that ever happened.
 
If the matter is already in the case law, what is the point iof making it part of the statute law?
Virginia refused to pass a similar bill also. We already have the the right to do everything the porposed law allowed.
This amounts to 'feel good' legislation.
 
Because case law can change without public input if the Judiciary as a whole decides to take a new tack.

Statute law requires voting and more visible public input.
 
brickeyee said:
If the matter is already in the case law, what is the point iof making it part of the statute law?
Consider it a preemptive strike against Massholification of the state. ;)
 
If the matter is already in the case law, what is the point iof making it part of the statute law?
Virginia refused to pass a similar bill also. We already have the the right to do everything the porposed law allowed.
This amounts to 'feel good' legislation.

It protects the defendant far better. A sleazy lawyer for the perp could always, now, argue, that the defendant COULD have retreated.

Also more chance of the perp's leeching family doing the weepy "He was a good boy, he was turning his life around!" crap, and financially ruining the defendant so they can have their money instead of working.
 
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