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Some websites claim New Hampshire does not have a "castle doctrine", prior to 11/13/2011 there was some truth to that claim.
Quote:
Originally Posted by unit731
No one so far has mentioned the Ward Bird case - NH.
Ward Bird predated, and prompted, SB88, which Governor Lynch vetoed, and the senate overrode to pass into law, effective November 13, 2011. Stephen Shurtleff's attempted repeal (HB135) failed to pass the senate.
so if someone breaks into my house or refuses to leave my land I would shoot them.
the police are going to throw me in jail, so i might as well have a big battle with them too. im not
going to prison. they will shoot me eventualy. so if someone breaks in, it kills them and you. welcome to america. i know a lot of people feel this way.
notmymadcap - Most likely the police will arrive look at the mess ask a few questions and, off the record, congratulate you for successful pest control.
Most people have a great deal of difficulty realizing any assault has to be treated as a life threatening situation. A person being mugged, a storekeeper being robbed or a homeowner having their dwelling broken into have no way of assessing the criminal's intent. A rational person has to assume the criminal intends to kill the victim. Shooting the assailant is the only thing that makes sense.
Fact: NH law allows you to protect your property & curtilage with a weapon/gun.
If an intruder is in your house or on your immediate property and you brandish a weapon to demand that they leave, it is automatically a dangerous situation because a weapon has been introduced.
If the intruder does not heed your command to leave and proceeds towards you, it can be assumed that the intruder was going to take your LAWFULLY brandished weapon away from you to try to kill you. This is a reasonable presumption.
You would have every right to use deadly force to protect yourself and/or your family.
you cant kill anybody anywhere for breaking into your house. you must be under direct threat and honestly believe your life is in danger. depending on what state--- the burden of proof goes up and up to an insane level. dont trust reading the penal code. what happens in a court room and what the penal code reads is very different.
you cant kill anybody anywhere for breaking into your house. you must be under direct threat and honestly believe your life is in danger. depending on what state--- the burden of proof goes up and up to an insane level. dont trust reading the penal code. what happens in a court room and what the penal code reads is very different.
Here in Pennsylvania we have a saying ""dead cockroaches can't testify "".
If you shoot someone in your own home you shoot to kill, NEVER EVER TO MAME.
"The parents of a teen who was shot and killed when he drunkenly entered a neighbor's home and was mistaken for an intruder believe it was murder, not self-defense.
After a night of drinking, Caleb Gordley, 16, was killed when he entered a home near his own in Sterling, Va. The homeowner believed Gordley was a burglar and fired his gun at the teen several times.
Gordley's parents initially forgave the shooter, Donald West Wilder, but new details in the police report, released to them nearly five months after the incident, have changed their minds.
“At no point, from the homeowner's...testimony, the account of the events, did he ever describe Caleb in any way being aggressive,” Shawn Gordley, Caleb Gordley’s father, told ABC News’ “20/20.”
An autopsy report also confirmed that Caleb Gordley died from a gunshot wound to the back."
NH Standard: Likely to use unlawful force against you or another while committing a burglary
Quote:
Originally Posted by Huckleberry3911948
you cant kill anybody anywhere for breaking into your house. you must be under direct threat and honestly believe your life is in danger. depending on what state--- the burden of proof goes up and up to an insane level.
New Hampshire law does not require you "honestly believe your life is in danger". Specifically, read attorney Evan F. Nappen's summary; in your home you do not need to wait for the intruder to actually use any force against you or another, nor does the intruder need to threaten deadly force.
New Hampshire has one of the lowest violent crime rates in the country (consistently ranks in the bottom 3 states when ranked by poverty, murder and violent crime rates), and the laws and enforcement are very much in favor of the homeowner in the rare case of an intruder inside a home.
Quote:
Originally Posted by NHDave
As has been mentions more than once, the only state we're discussing is NH, every other state is irrelevant.
Correct, The standard in New Hampshire is simple, clear, and very much in favor of the resident in the case of self-defense in the home. Even with the tragic Virginia case unit731 brings up to derail the thread, the homeowner was not charged.
New Hampshire law does not require you "honestly believe your life is in danger". Specifically, read attorney Evan F. Nappen's summary; in your home you do not need to wait for the intruder to actually use any force against you or another, nor does the intruder need to threaten deadly force.
New Hampshire has one of the lowest violent crime rates in the country (consistently ranks in the bottom 3 states when ranked by poverty, murder and violent crime rates), and the laws and enforcement are very much in favor of the homeowner in the rare case of an intruder inside a home.
Correct, The standard in New Hampshire is simple, clear, and very much in favor of the resident in the case of self-defense in the home. Even with the tragic Virginia case unit731 brings up to derail the thread, the homeowner was not charged.
Very well stated !!
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sum up the what if i have to shoot conversation
NH Standard: Likely to use unlawful force against you or another while committing a burglary
