CONCORD — New Hampshire lawmakers on Wednesday approved a broad expansion of the state's deadly force law, saying that residents can kill in self-defense anyplace they have a right to be in.

CONCORD — New Hampshire lawmakers on Wednesday approved a broad expansion of the state's deadly force law, saying that residents can kill in self-defense anyplace they have a right to be in.



The current law allows people to use deadly force in self-defense in their homes or in public to defend others, but in the latter case only if they attempt to retreat first.



Supporters of the bill in the Republican-majority Legislature argue the new rules would give citizens a right to stand their ground when threatened.



"I should not be required to turn my back to a would-be rapist or robber on my way to stores," said Jennifer Coffey, a House Republican from Andover.



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 Feb. 2, after the Executive Council took the rare step of commuting his sentence. The felony conviction remains on his record. He can no longer possess a firearm unless a judge annuls or expunges his record.



Opponents of the bill argued that making it legal to brandish a gun would create hostile situations that could end in the death of innocent people.



Republican Sen. David Boutin said the bill was a good compromise that promotes the Second Amendment rights of New Hampshire residents.



But Democrats disagreed. "I still fear that it opens the potential risk to innocent bystanders," Democratic Sen. Matthew Houde said. "I don't know if there any limitations as to where anyone has the right to be."



"Do you have a right to be in a courtroom and hold a gun? Probably," Democratic Sen. Sylvia Larsen said in opposing the bill. "What about in schools? Day care centers? What about in this building? It's not a reasonable compromise when the public safety is at risk."



Five years ago, Democratic Gov. John Lynch blocked gun rights advocates' effort to expand a person's right to use deadly force in self-defense without first attempting to retreat. With Republican supermajorities in both chambers, Lynch may not be able to block it again should he decide to veto the latest bill.



In his veto message blocking the 2006 gun bill, Lynch said he wanted to avoid a law that "would authorize any shopper to instantly shoot and kill a thief who had grabbed or tugged at the shopper's purse or briefcase, regardless of how many shoppers might be placed in harm's way by such actions." His opposition led to a compromise that softened the prohibition against drawing a gun on someone, but efforts began to expand gun rights further after Republicans took control of the House and Senate in November.



Lynch's 2006 veto was supported by many in law enforcement, including then-Attorney General Kelly Ayotte, now a U.S. senator.



The bill approved Wednesday is built on the Castle Doctrine, which says a person has no duty to retreat from intruders before using deadly force. The legislation also would expand citizens' rights to use deadly force in public or anywhere they have a right to be — known as the Stand Your Ground principle. More than two dozen states have passed either the Castle Doctrine, Stand Your Ground or both.



New Hampshire law currently allows the use of deadly force inside the home in defense against certain crimes such as rape. Deadly force also can be used in public places to defend someone else or to stop a rape, kidnapping or other serious crime. The law requires citizens to retreat if they can safely, except at home, when they are not the aggressor.



Gun rights advocates say people shouldn't be faced with the split-second choice of deciding whether protecting themselves will lead to criminal prosecution.



In Ohio, prosecutors say their state's Castle Doctrine is increasingly being manipulated to help murder suspects avoid taking responsibility for their crimes. In one case, a man stole a dealer's drugs, then shot and killed the dealer when he broke a window in the man's car attempting to retrieve his goods. Defense attorneys argued the man acted lawfully. A jury convicted him of reckless homicide rather than murder.



Lynch voiced similar concerns about criminals killing other criminals and claiming self-defense.