Rep. Rogers: Reject Kyle's law. It would make the people of New Hampshire less safe.
Despite rising public pressure to decrease gun violence and institute smart, common-sense reforms around ownership, the last several years have seen a relaxation of regulations regarding guns in our society. It is a right and a privilege, but we can all agree that it carries with it clear responsibilities as well. Bottom line is this: none of us wants to live in a country where we should worry about being victims of random gunfire in public places like grocery stores, malls and movie theaters.
Yet, that’s exactly where we are today.
According to a June 2021 survey by the Pew Research Center, 4 in 10 adults live with a gun. However, the same polls show roughly half of the population sees gun violence as a “very big” problem, and favors stricter gun violence prevention laws. It’s worth noting, majorities of both political parties’ favor regulation of firearms.
Despite public support for responsible and safe gun regulations, some in New Hampshire are pushing to pass “Kyle’s Law.” This wolf in sheep’s clothing is being offered as a way to “prevent politically motivated prosecutions of defendants claiming self-defense in gun-related incidents.”
If this proposal were to become law in New Hampshire, it would effectively ensure that anyone claiming self-defense will have a protective barrier around them against anyone questioning whether, in fact, the claim is valid.
“Kyle’s Law” would require the jury instruction on self-defense include a special question to the jury — "if you the jury are acquitting this defendant on the grounds of self-defense, do you also find that the prosecution failed to disprove self-defense by a majority of the evidence?” If the jury answers this in the positive the defendant is entitled to compensation not only from the state, but also from the prosecutor personally. Additionally, the charging police officer will be held accountable as well.
This is wrong for New Hampshire, and throws the idea of law and order on its head. Here are reasons why “Kyle’s Law” should be rejected:
One: What qualifies any jury to make a judgment on the performance of the prosecutor, and whether it is a politically motivated case? How does this get decided? A prosecutor is acting in good faith, within the scope of the authority they possess, based on evidence, case law and precedence. Adding personal liability to their performance would mean prosecutors won’t proceed in any case against a person who could claim self-defense. This litmus test would be unlike anything else in our criminal justice system and open a wide door for abuse.
Two: This would only expand the use of the self-defense defense to include almost every case in which someone feels threatened. Self-defense claims will skyrocket as defendants see the legal loophole for getting away with criminal activity.
Three: This effectively legalizes vigilante justice. Law enforcement is not a private right. Our state must offer public safety in the form of state or local police forces. While every citizen has the right to self-defense, we do not have the right to put ourselves in positions of danger every chance we get and to invite others to attack us for no reason.
Four: Combined with “Stand your Ground” and “Concealed Carry” laws, “Kyle’s Law" will only add to the idea that we are less a civilized government than a self-policing, "shoot 'em up” tribal anarchy that lives day to day by the rule of survival of the fittest. We make our society far less safe this way.
Isn’t it time to pass reasonable gun violence prevention statutes and stop coming up with dangerous alternatives like “Kyle’s Law”? Life is not a video game; you only get one life. Our laws should reflect that reality.
New Hampshire Rep. Katherine Rogers, D-Merrimack County District 28 Concord, is currently serving her eighth term in the NH House and serves on the Finance Committee. She has also served as the Merrimack County attorney.
This article originally appeared on Portsmouth Herald: Rep. Rogers: Kyle's law would make the people of NH less safe
