Gov. John Lynch is right to have serious concerns about the deadly-force legislation that has now passed both houses of the Legislature. But being concerned is not enough. He must veto this bill.

New Hampshire law already strikes the right balance between the need to allow people to defend themselves and the need not to have people shooting each other at the drop of a hat. That balance would be dangerously tipped if this bill becomes law.

As is, state law justifies the use of deadly force if you reasonably believe someone is attacking you in your home or on the surrounding property. The revised law would let you use such force - that is, shoot to kill - anywhere you have a right to be.

Proponents say that's as it should be. What they don't say (or perhaps don't realize) is that the way the law would be worded could easily lead to disastrous results.

Here's what the key phrase would say if the bill becomes law: "A person is justified in using deadly force upon another person when he reasonably believes that such other person . . . is likely to use any unlawful force in the commission of a felony against the actor within such actor's dwelling, its curtilage, or in any place where he or she has a right to be."

In other words, say you're walking down the street carrying a brand-new laptop. If somebody tugs at your arm (unlawful force) to steal it (a felony), you can blast away.

Of course the attorney general and police chiefs around the state oppose this bill. It's asking for tragedy.

The bill's sponsors say critics want to protect criminals while leaving law-abiding victims helpless. They're wrong. Critics of this bill want to protect innocent bystanders -the other people who have a right to walk down the street. Which is to say: a right to walk down the street and not find themselves in the midst of a shooting gallery.

To repeat: New Hampshire already respects and protects the right to defend oneself and to use deadly force appropriately. But while honoring that right, the law must not encourage it. That's why existing law also instructs you to retreat (and not shoot) if you know that you can do so safely. The proposed law would eliminate that instruction.

Please, Governor. Don't make New Hampshire residents wait to find out what horrible "mistake"this change in the law would sanction. Veto it. You can do so with the confidence that you're not denying any people their rights. You're protecting them.

------ End of article

Monitor editorial