NH House Passes Bill Repealing Stand Your Ground Gun Law

The New Hampshire House passed by a 189 - 184 vote on Wednesday, March 27 a bill (HB 135) to repeal the controversial Stand Your Ground law which had been in place since 2011. Passage of this bill gives new momentum to those supporting new gun safety regulations.

The Stand Your Ground law had virtually legalized murder. Suppose two people argue, and one shoots and kills the other. If there are no witnesses, the shooter can be acquitted simply by claiming that he felt threatened. The dead man can’t dispute that claim. Murders in Florida had increased 8 percent following passage of its Stand Your Ground law. 

In addition, according to the Stand Your Ground law, if the gunman accidentally shoots a bystander, the victim cannot sue the shooter if he survives. If the victim doesn’t survive, the remaining family members cannot sue either.

Those who opposed repeal of Stand Your Ground argued that citizens would be virtually defenseless without it. For 34 years prior to the Stand Your Ground law, New Hampshire operated without problems under the Castle Doctrine. 

The Castle Doctrine allows a homeowner to use deadly force to defend his family and his property. Outside the home, a person could defend himself with a gun if he could demonstrate that he had used all reasonable means to avoid being harmed before shooting. If Stand Your Ground is repealed, the Castle Doctrine will remain in effect.

Steve Shurtleff, the House Majority Leader, proposed the bill (HB 135) repealing the Stand Your Ground law. Shurtleff said, "This bill has nothing to do with the Castle Doctrine and you still have the right to use force, including deadly force, to protect (your home).

Shurtleff continued. "If you're in a confrontation and you know with 100 percent certainty you can retreat, you should. If you're not, you can use deadly force. I'm a licensed hunter, a former NRA member and a supporter of the Second Amendment. I would not introduce any bill in this House that would infringe on that right." (NH Union-Leader, 3/27/13)

This bill (HB 135) repealing Stand Your Ground must still pass the State Senate and be signed by Gov. Maggie Hassan before it becomes law.

This vote by the House is the first dealing with gun safety proposals following the Sandy Hook Elementary School tragedy. Recent polls by UNH and New England College show a clear majority of New Hampshire residents favor new gun safety regulations The repeal of Stand Your Ground by the State House gives new strength to the efforts of those who favor changes in the laws.