What is New Hampshire's Self Defense Law?

On November 13, 2011 there was a change to NH's Self-Defense statute (New Hampshire RSA 627:4 Physical Force in Defense of a Person). As a result, there has been much talk about what this law permits or prohibits when it comes to the rights of citizens to defend themselves by means of deadly force. Here are some high points:

  • There is no change to when you may use "non-deadly force" (by definition, force that is not likely to cause death or serious bodily injury) to defend yourself or a third person; you must reasonably believe that someone else is using or is about to use illegal non-deadly force against you or a third person.
  • If you were the initial aggressor, unless you make it clear to the others involved that you wish to stop the incident and withdraw, you are not permitted to use non-deadly force.
  • "Deadly force" is essentially any force or confinement applied to another that is likely to cause death or serious bodily injury. The new law does effect when you can use deadly force. Before the change, NH state law required a person to withdraw from what could reasonably be determined as a deadly encounter if they could do so safely. However, you did not have to withdraw from within your own home or the property surrounding your home. Now, as long as an individual is any place they are legally permitted to be, they need not withdraw from a deadly force encounter, but rather can defend themselves or a third person from what they reasonably believe to be the immediate threat of deadly force.