CHAPTER 361

HB 160 – FINAL VERSION

13Jan2010… 0059h

19May2010… 2096eba

2010 SESSION

09-0353

04/09

HOUSE BILL 160

AN ACT relative to physical force in defense of a person.

SPONSORS: Rep. Pepino, Hills 11; Rep. Mead, Hills 4; Rep. B. Shaw, Hills 16; Rep. Baldasaro, Rock 3; Rep. P. Price, Hills 26; Sen. Gallus, Dist 1; Sen. Roberge, Dist 9; Sen. Letourneau, Dist 19

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill provides that the mere display of a firearm or other means of self-defense intended to warn away a person making a threat shall not constitute a criminal act.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13Jan2010… 0059h

19May2010… 2096eba

09-0353

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to physical force in defense of a person.

Be it Enacted by the Senate and House of Representatives in General Court convened:

361:1 New Paragraph; Physical Force in Defense of a Person. Amend RSA 627:4 by inserting after paragraph II the following new paragraph:

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.

361:2 New Paragraph; Criminal Threatening. Amend RSA 631:4 by inserting after paragraph III the following new paragraph:

IV. 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 under this section.

361:3 Effective Date. This act shall take effect January 1, 2011.

Approved: July 23, 2010

Effective Date: January 1, 2011