New Hampshire has a “stand your ground” law, which means individuals are not required to retreat before using deadly force in self-defense, provided they are in a place where they have a legal right to be.
This law applies both inside and outside the home and is codified in New Hampshire RSA 627:4, which governs the use of physical force in defense of a person.
Key Provisions of the Law
- No Duty to Retreat: If you are lawfully present in any location (not just your home), you do not have to attempt to retreat before using deadly force in self-defense against an imminent threat of deadly force.
- Reasonable Belief: The use of deadly force is justified only if you reasonably believe it is necessary to prevent imminent death or serious bodily harm to yourself or another person.
- Initial Aggressor Exception: The law does not protect individuals who are the initial aggressors in a conflict, unless they clearly communicate their intent to withdraw and make a genuine effort to do so.
- Castle Doctrine: New Hampshire also maintains the “castle doctrine,” which specifically allows the use of deadly force against intruders in one’s home or the surrounding property if the resident reasonably believes the intruder will use unlawful force.
- Other Situations: Deadly force may also be used to prevent kidnapping, forcible sex acts, or certain felonies occurring in one’s home or on the surrounding property.
Comparison: Stand Your Ground vs. Castle Doctrine
| Feature | Stand Your Ground (NH) | Castle Doctrine (NH) |
|---|---|---|
| Duty to Retreat | No, anywhere legally present | No, inside home/property |
| Applies to | Any lawful location | Home and immediate property |
| Use of Deadly Force | Permitted if reasonable belief of imminent threat | Permitted if reasonable belief of imminent threat by intruder |
| Initial Aggressor | Not protected unless withdrawing | Not protected unless withdrawing |
Pros and Cons
Pros:
- Empowers citizens to defend themselves wherever they have a legal right to be.
- May deter crime by removing the expectation that victims must retreat.
- Provides legal clarity and protection from civil and criminal liability for justified self-defense.
Cons:
- Critics argue it can lead to unnecessary violence and is sometimes labeled as “shoot first” legislation.
- Studies suggest such laws may be associated with increased homicide rates and may be applied unevenly across different demographic groups.
Legal Nuances
- The law is complex and fact-specific. For example, mutual combatants or trespassers cannot claim the protections of the stand your ground law.
- Immunity from civil liability may be available in justified cases, but each situation is unique and may require legal expertise to navigate.
Summary
New Hampshire’s stand your ground law removes the duty to retreat before using deadly force in self-defense, provided you are not the initial aggressor and are lawfully present at the location. The law extends beyond the home, differentiating it from the more limited “castle doctrine” found in other New England states.
Sources:
- https://www.citizenscount.org/issues/stand-your-ground-castle-doctrine
- https://courts-state-nh-us.libguides.com/castledoctrine
- https://en.wikipedia.org/wiki/Stand-your-ground_law
- https://giffords.org/lawcenter/state-laws/stand-your-ground-in-new-hampshire/