CONCORD, N.H. — Despite objections from law enforcement and a governor’s veto, the New Hampshire Senate passed a bill Wednesday that allows people to use deadly force to defend themselves any place they have a right to be.
The 17-7 vote in the Republican-controlled Senate overrode Democratic Gov. John Lynch’s veto and sent the bill to the House, where odds are in favor of an override. The House has not said when the vote will take place.
Also Wednesday, the Senate rejected a bill to require voters to produce government-issued photo identification before they can cast their ballots. Voters without proper photo identification would cast a provisional ballot and have to prodcue a valid ID in 2-1/2 days.
Local election clerks said the provisional ballot would be difficult and costly to administer. Supporters said the issue will be back next year.
The deadly force bill is based on the Castle Doctrine, which says a person does not have to retreat from intruders at home before using deadly force. The bill would expand that principle to public places, anywhere a person has a right to be. The principle is known as the Stand Your Ground Principle.
More than two dozen states have passed either one or both of the measures.
Current New Hampshire law allows people to use deadly force for self defense in their homes. They can also use deadly force in public to protect themselves or others if they can’t safely retreat. Deadly force is not limited to a firearm, but could be a knife, baseball bat or other weapon.
Law enforcement groups argue that expanding the law would put the public at risk of more shoot-outs by untrained people. They said gun rights already are protected under current law and if the bill becomes law, it would potentially increase violence in public places and make it harder to prosecute criminals.
Supporters said the change would protect honest citizens.
“What is our most basic, fundamental human right? The answer is — we can all agree — the right to self-defense,” said Sen. David Boutin, a Hookset Republican and the bill’s prime sponsor. Boutin said no one making a split-second decision should have to choose between going to jail and being harmed.
But Sen. Matthew Houde, D-Plainfield, said no one had ever been prosecuted for not retreating. The state has to disprove a self-defense claim, he said.
“One doesn’t have to sit there and ponder,” he said.
The emotional debate spilled over into a House Republican Facebook forum Tuesday night when Rep. Kyle Tasker of Northwood questioned if police should have more of a right to point a weapon at someone than the person who points a gun at another person. In one instance, the behavior is legal; in the other, it is not.
“When a police officer points his firearm that’s not gonna make me feel threatened? If I’ve been trained to respond to that with force am I justified in blowing a cop away because I’m quicker on the draw, and he already pointed his firearm at me? Police are just citizens with badges and all laws should apply equally,” Tasker posted.
Tasker told The Associated Press on Wednesday the person who released his comment to the media took it out of context. He said the Republican lawmakers were talking about the equality of how laws are applied and whether they should apply equally to police.
“We were discussing when a police officer points a gun at someone why it isn’t a felony,” he said.
The bill also grants civil immunity to using force against assailants under some circumstances and repeals a minimum sentencing requirement for felony convictions that include possession, use or attempted use of a firearm. The bill also says brandishing a weapon isn’t considered deadly force under the law.
The brandishing provision was inspired by Moultonborough farmer Ward Bird’s incarceration on a mandatory minimum three-year sentence for showing a gun when a trespasser refused to leave his property. Bird was jailed in November and released in February after the Executive Council took the rare step of commuting his sentence.
Also Wednesday, the Senate voted to override a vetoed retirement change that was enacted in the budget package. It was a largely symbolic move. Senators also passed a vetoed bill that blocks communities from requiring the installation of fire sprinklers in proposed one- and two-family homes as a condition for a local permit. It would preserve existing ordinances, but eliminate applying t hem to housing in mobile home parks.
The Senate also voted to let title loan lenders charge up to 25 percent interest a month to provide more options for consumers needing cash. A title loan is a short-term loan that uses a vehicle as collateral.
The Senate killed a bill that would have ended New Hampshire’s participation in a regional program to reduce carbon dioxide emissions.