New gun law in New Hampshire makes it legal to display a gun during a threatening situation: Free Ward Bird!
As of the first of the year, a new gun law will go into effect in New Hampshire which states that it is not a crime for a person to simply display a gun in an attempt to ward off a possible attacker. In reality this is not a new law; the New Hampshire constitution clearly states that a person has the right to use a gun in defense of himself, his property, or his state, this simply would clarify the constitution. (Although one would think that the New Hampshire constitution is cut and dried on this issue, we have seen that is not always the case.)
The New Hampshire Union Leader is the source used for this post, but unfortunately the article was only available in the print version of the paper so I will not be able to include a link.
This bill was passed as a compromise bill after the Castle Doctrine–which states that a person has the right to defend himself with a gun without first trying to retreat–was vetoed in 2006 by Democrat Governor John Lynch. (On a side note, that very same Castle Doctrine legislation will be among the first bills passed with New Hampshire’s new Republican veto proof majorities in the state legislature, and the governor has already been warned that his veto will be overridden.)
State Representative Leo Pepino was a sponsor of the “display law” (the same Rep. who will be reintroducing the Castle Doctrine) and he was quick to point out that if this law was in place no charges would ever have been brought forth against Ward Bird. I have written several posts now on the plight of Ward Bird, but for those who are unfamiliar with this case I will provide a quick summary:
Ward Bird was convicted of “criminal threatening” for displaying a gun in defense of his property and sentenced to at least three years in jail under the minimum sentencing guidelines of the state. When a woman with a criminal record trespassed on his clearly marked property, Ward Bird grabbed a gun, ran outside, and confronted the person, not knowing who she was. After pleading with the woman for several minutes, he turned to go back into his house to call the police. Before entering the house he claimed that he lifted up his gun to make sure the safety was on, but the woman claimed he pointed the gun at her. The jury believed the woman with the criminal record (the judge ruled that the woman’s criminal past was not admissible in court) over the word of a man who has a perfectly clean record and was an outstanding member of the community.
The very fact that this new law is set to go into effect in just a few days has exonerated Ward Bird, for this law will ensure that no other citizen of this state will ever go to jail simply for displaying a firearm in a situation where the person thinks there is imminent danger.
It is a sad state of affairs when the legislature has to pass legislation to ensure that a right guaranteed in the state constitution is upheld, but if that is what it takes to make sure that another case like that of Ward Bird never happens in this state again, then it must be done. While this–and the likelihood that the state is going to pass the Castle Doctrine early next year–is great news for law abiding, gun owning, second amendment advocates all across our great state the fact remains that Ward Bird remains in jail for doing nothing more than what is about to be confirmed as his right when this new law takes effect.
Governor Lynch has declined to take a stand on Ward Bird, he will not say whether or not he will sign the pardon when it makes it to his desk, claiming that pardons should only be used in cases with extenuating circumstances. I would argue that the mere fact that he has already signed a law stating that what Ward Bird did is not a crime, that that is an extenuating circumstance in and of itself. It is time for Governor Lynch to FREE WARD BIRD!
America's Watchtower 
How long before that pardon gets to his desk?
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I am not sure, I know it is working its way through the system.
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Maybe Ward Bird is about to get the pardon that is due him. I surely hope that is the case. If that happens, will it wipe his record clean or will he still have a criminal record?
As for the law that is about to be enacted, I know you have already said this, but it really is a rotten shame that an individual can not display a firearm to scare someone off that is trespassing or otherwise contemplating harm to the. It is also a rotten shame that doing so will get a law abiding citizen in trouble with said law. It’s completely backwards from what it should be.
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I sure hope so as well! I am not sure if this will clean his record or not, I will have to look into that.
The NH consititution clearly states that a man has the right to bear arms in defense of his life, property, or state, and I still can’t believe that we need to pass a law to reenforce what the constitution already says. But in today’s living constitutional mindthink that is exactly what has to be done, I would prefer this wasn’t the case, but at least the state is taking steps to make sure that something like this does not happen again.
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How could this not have applied to him? I am mystified.
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This law does not go into effect until January 1st, so it was not a law when Bird committed his “crime.” I am hoping that this will put his pardon over the top.
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LD made a good point. He should have his conviction expunged, not a mere pardon.
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I agree 100%!
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Fox News Radio just had a [typically hypersonic] montage of new laws, leading me – after a lot of searching – to your post. I can’t find anything on their site. They said something like: NH Republicans will tighten home-invasion gun laws designed to permit you to point, but not shoot an invader. Either I misunderstood what they said, or they botched it. So, I’m [sort of] glad that this is really the other way around. But this is typical concrete-bound legislation: [principle, you can shoot invader], law making butchers [concrete, you can display a gun; you can put bullet in gun; you can own bullets; you can have a gun with a trigger on it; you can(not) have a gun in your hand whilst chewing a chicken wing…]. Retards have completely polluted the thought process. Is it any wonder that we now have 2000 page bills, and that 5 years from now we’ll look back on that as the good old years?
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Lousy thing that Lynch did ,vetoing Ward Bird’s pardon ….maybe if and when they get a new governor here in NH.
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in august i was charged with criminal threatning with a fire arm in laconia nh a close friend of mine was being attacked by another man in front of his kids i legaly posess a firearm so i came downstairs and had it in my hand pointed at the ground the attacker fled and i got my friend into the house not 5 min later did swat dea state and local police showed up and arrested me i have not been convicted yet will i be able to use this new law in my case?
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