Self-Defense Laws in New Hampshire
Whether New Hampshire has a duty to retreat or a stand your ground law, and how the castle doctrine applies at home.
Short answer: New Hampshire has a stand-your-ground rule. A person is generally not justified in using deadly force if he or she knows that he or she and any third person can, with complete safety, retreat from the encounter, except that he or she is not required to retreat if he or she is within his… RSA 627:4, II, II-a, III
| Stand your ground / duty to retreat | New Hampshire has a stand-your-ground rule. A person is generally not justified in using deadly force if he or she knows that he or she and any third person can, with complete safety, retreat from the encounter, except that he or she is not required to retreat if he or she is within his or her dwelling, its curtilage, or anywhere he or she has a right to be, and was not the initial aggressor. Deadly force is not justified if, with the purpose of causing death or serious bodily harm, the person provoked the use of force in the same encounter. Deadly force may be used when the person reasonably believes the other person is about to use unlawful, deadly force against the actor or a third person, or is committing or about to commit kidnapping or a forcible sex offense, among other listed situations. Displaying a firearm or other means of self-defense to warn away a threat is not a criminal act (§ 627:4, II-a). Current stand-your-ground language dates from 2011, 268:1, eff. Nov. 13, 2011. Source: RSA 627:4, II, II-a, III |
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| Castle doctrine (defending your home) | No duty to retreat within one's dwelling or its curtilage (unless the initial aggressor) (§ 627:4, III). Deadly force is justified against a person reasonably believed likely to use any unlawful force against a person present while committing or attempting to commit a burglary (§ 627:4, II(b)), or likely to use any unlawful force in the commission of a felony against the actor within the actor's dwelling or its curtilage (§ 627:4, II(d)); effective January 1, 2027, II(d) also covers force against 'a third person' (2026, 323:1). Civil immunity: a person who uses force as permitted for self-protection, protection of others, protection of premises and property, law enforcement, or care of a minor is immune from civil liability for personal injuries sustained by a perpetrator, and if a perpetrator sues, the court shall award reasonable attorney's fees and costs (§ 627:1-a). Civil immunity: https://gc.nh.gov/rsa/html/LXII/627/627-1-a.htm Source: RSA 627:1-a; RSA 627:4, II-III |
More New Hampshire criminal law
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- Violating a Protective Order in New Hampshire
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FAQ
Is New Hampshire a stand your ground state?
New Hampshire has a stand-your-ground rule. A person is generally not justified in using deadly force if he or she knows that he or she and any third person can, with complete safety, retreat from the encounter, except that he or she is not required to retreat if he or she is within his or her dwelling, its curtilage, or anywhere he or she has a right to be, and was not the initial aggressor. Deadly force is not justified if, with the purpose of causing death or serious bodily harm, the person provoked the use of force in the same encounter. Deadly force may be used when the person reasonably believes the other person is about to use unlawful, deadly force against the actor or a third person, or is committing or about to commit kidnapping or a forcible sex offense, among other listed situations. Displaying a firearm or other means of self-defense to warn away a threat is not a criminal act (§ 627:4, II-a).
Does New Hampshire have a castle doctrine?
No duty to retreat within one's dwelling or its curtilage (unless the initial aggressor) (§ 627:4, III). Deadly force is justified against a person reasonably believed likely to use any unlawful force against a person present while committing or attempting to commit a burglary (§ 627:4, II(b)), or likely to use any unlawful force in the commission of a felony against the actor within the actor's dwelling or its curtilage (§ 627:4, II(d)); effective January 1, 2027, II(d) also covers force against 'a third person' (2026, 323:1). Civil immunity: a person who uses force as permitted for self-protection, protection of others, protection of premises and property, law enforcement, or care of a minor is immune from civil liability for personal injuries sustained by a perpetrator, and if a perpetrator sues, the court shall award reasonable attorney's fees and costs (§ 627:1-a).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.