The Duty to Retreat for Cops

[Posted Thursday, September 8, 2011, at 1:10 p.m.]   Various Chiefs of Police and other law enforcement representatives have gone on a public tour with the Governor proclaiming how important the “Duty to Retreat” is to New Hampshire’s self defense law as it applies to honest citizens under RSA 627:4. Given that they feel that way, we propose adding it to the self defense requirements for law enforcement found under RSA 627:5.  (Note that this applies only to a law enforcement officer's self defense, not to making an arrest.)  We have taken the exact language that they support and just modified it to fit law enforcement.  Here is how it reads:


NH Senate overrides Governor's SB88 veto, 17 to 7

[Posted Wednesday, September 7, 2011, at 3:20 p.m.]  This afternoon, the New Hampshire state senate voted 17 to 7 -- more than the required 16 to 8 -- to override Governor Lynch's veto of SB88.  The House, which votes next week, is expected to override the veto by an even larger margin.

Yesterday, the governor held a press conference, supported by state Attorney General Delaney, Manchester Police Chief Mara, and other senior law enforcement officials, claiming that SB88 would empower criminals.  Two hours later, another press conference, sponsored by pro-gun activists, strongly opposed these ideas.  Prominent among the speakers were Reps. Jenn Coffey and Ken Kreis, both Senior Advisors of Pro-Gun New Hampshire, and Pro-Gun New Hampshire General Counsel Evan Nappen, who reiterated the points made in his recent article -- http://pgnh.org/the_dummy_s_guide_to_the_duty_to_retreat -- and was quoted in three New Hampshire newspapers:


The Dummy’s Guide to the “Duty to Retreat”

By Evan F. Nappen, Attorney at Law 

[Posted Monday, September 5, 2011, at 11:40 a.m.]

Will the passage of New Hampshire Senate Bill 88 (SB88), which includes the “stand your ground” exception to the “duty to retreat,” be good or bad for New Hampshire?  Governor Lynch, Manchester Police Chief Mara, and other law enforcement representatives say limiting the “duty to retreat” will be bad, and that it will empower criminals and gang members to get away with committing violent crimes.  Republican leaders say it will be good for honest citizens who will no longer have to consider retreating when faced with criminal violence as long as that person is “anywhere he or she has a right to be.”  Who is correct?  Throughout the debate, no one has discussed RSA 627:4, the state law that explains the “duty to retreat.”  Both sides have made claims as to SB88’s potential effect, but what is the truth? What follows is RSA 627:4 with SB88’s changes.  (Section I, which concerns only non-deadly force, isn’t shown. The new language that SB88 adds is in bold italics, and the old language that SB88 cuts is in [square brackets].)


Governor vetoes SB88

[Posted Friday, July 15, 2011, at 9:15 a.m.]  After a lengthy -- and tragic -- series of legislative efforts, SB88 finally made it to the governor's desk.  Unfortunately, Governor Lynch demonstrated his anti-gun bias, and vetoed the bill.  It is too early to say whether our state legislature will work to overturn the governor's veto.  Note that the Union Leader has published an editorial on the veto, at http://unionleader.com/article/20110715/OPINION01/707159995 .

 


Rumor Confirmed! Why Senator Boutin Killed Constitutional Carry

[Posted Friday, June 24, 2011, at 9:50 a.m.]

by State Representative Ken Kreis, Sr.

Editor's note: Representative Kreis is an Advisor of Pro-Gun New Hampshire, Inc., and was the House Chair of the recent Committee of Conference on SB88.  Background material on this article may be found in our previous articles: http://pgnh.org/senator_boutin_are_the_rumors_true , http://pgnh.org/who_ultimately_killed_constitutional_carry_answer_senator_boutin , http://pgnh.org/nra_and_its_nh_state_affiliate_go_nh_kill_constitutional_carry , and http://pgnh.org/house_passes_huge_pro_gun_bill_by_a_veto_proof_majority .  The editor added the emphasis (bold/underline) in paragraph No. 4.

To all,

It has come to my attention that Sen. Boutin attempted to get the several New Hampshire gun groups to the table together to try and move HB330 (the Constitutional Carry bill) out of the Senate. In speaking with the Senator today, he had indicated to me that at least two of the groups voiced their opinion to not show up due to information concerning the killing of Constitutional Carry in NH as posted on at least one website.  


I was distressed by this and attempted to discuss it with the Senator – but he took a different tone and was gone.

Please allow me to discuss a few items from my perspective:


Senator Boutin -- are the rumors true?

[Posted Thursday, June 23, 2011, at 9:45 a.m.]  Editor's note:  This was sent to us from an anonymous source in the State House.  It refers to our earlier article, http://pgnh.org/who_ultimately_killed_constitutional_carry_answer_senator_boutin .

So, Senator David Boutin, which is it?

Many of the gun group representatives are in possession of numerous emails which were sent to Senator Boutin prior to the committee of conference meeting on SB 88.  Those emails prove, without a doubt, that all of the gun groups -- PGNH, SAS, NHFC, GO-NH, and NRA -- had agreed on language to give NH citizens back their constitutional right to permitless carry.

A little birdie has whispered to many in the State House that Senator David Boutin used Constitutional Carry as a hostage to get a friend's government job reinstated by inserting it into the state budget.  When the House denied that budget padding, he retaliated by killing Constitutional Carry in the Senate.


PGNH counsel wins criminal gun case

[Posted Tuesday, June 21, 2011, at 10:00 a.m.]  Yesterday in Grafton Superior Court, PGNH General Counsel Evan F. Nappen won a criminal jury trial (State v. Donegan) in which his client had been charged with criminal threatening with a firearm and reckless conduct with a firearm. A "not guilty" verdict on all counts was rendered by the jury. The case involved charges that Mr. Donegan had “pointed” a handgun at an occupied vehicle.

Who Ultimately Killed Constitutional Carry? Answer: Senator Boutin

[Posted Thursday, June 16, 2011, at 10:40 p.m.  This is a follow-up to last night’s article, http://pgnh.org/nra_and_its_nh_state_affiliate_go_nh_kill_constitutional_carry.]   

State Representative Ken Kreis, an Advisor of Pro-Gun New Hampshire, accomplished the impossible today.  In spite of all the negatives, Representative Kreis worked to find the words necessary to meet the requirement set by the Senate: “No bill on Constitutional Carry will be approved until and unless all gun groups in New Hampshire agree.” 

Today for the first time in years, Pro-Gun New Hampshire, the New Hampshire Firearms Coalition, NRA, and the NRA state affiliate Gun Owners of New Hampshire all agreed on the Constitutional Carry language for New Hampshire citizens – a milestone, for certain.  With help from Rep. J.R. Hoell, Rep. Kreis got the four groups to present a united front to the legislature on language for Constitutional Carry. 

Now is the time to buy the “Ken Kreis for Governor” signs – but before we toast the day, read on.  


NRA and its NH State Affiliate (GO-NH) kill Constitutional Carry

by Pro-Gun New Hampshire President Bob Clegg

[Posted Wednesday, June 15, 2011, at 11:30 p.m.]  The Constitutional Carry movement is spreading across the country.  It’s the right to carry a concealed handgun without a government-issued license or permit – as in Wyoming (2011), Arizona (2010), Alaska (2003), and Vermont (1903)(!).  

After months of work on the part of many people to bring Constitutional Carry to New Hampshire, the NRA, with the help of its state affiliate Gun Owners of New Hampshire (GO-NH), today killed Constitutional Carry by bullying NH state senators to remove portions of SB88 in a committee of conference.


PGNH scores another pro-Second Amendment victory

[Posted Wednesday, June 9, 2011, at 8:00 p.m.]  Today, Governor Lynch signed signed Rep. Jenn Coffey’s sponsored Knife Rights pre-emption bill, HB544. 

New Hampshire’s true defender of your Second Amendment Rights, Pro-Gun New Hampshire, helped get HB544 made into law today.   There was no major involvement from GO-NH, NHFC, or the NRA on this bill, and frankly, we're glad they just stayed out of it.

This is the second UNANIMOUS knife rights victory in New Hampshire -- 424 legislators, and not a SINGLE vote against it in the House or Senate.  It takes effect in 60 days.