additional commentary by Timothy Horrigan; April 22, 2013 &: May 6, 2013 & May 28, 2013
See:
Peter Hahn et al.'s April 8, 2013 "Emergency Petition for Redress" (PDF format)
John Hikel's April 11, 2013 "Emergency Verified Complaint" (PDF format)
One of the oddest and most infuriating events of my first five years in the New Hampshire House has been the "Stand Your Ground" peitition. It was filed on behalf of someone named Peter Hahn and three other persons by Representatives Al Baldasaro, John Hikel and Lennette Peterson.
Basically, the 189 state representatives who voted in favor of a bill making a rather minor change to a self-defense statute have supposedly violated their oaths of office and most be removed forthwith. (I am one of the so-called "Concord 189.") The four petitioners on this version of the petition included two individuals who appear to be missing from the state's voter lists. However, I did find at least one person with same name as the first signatory, Peter Hahn. And. I can personally vouch for the existence of signatory Kevin Avard (who is a former state rep from Nashua.)
This was rather prematurely inspired by a narrow 189-185 vote in favor of HB 135, "an act relative to physical force in defense of a person and relative to the definition of non-deadly force." I say "rather prematurely" because it was filed before the Senate could even hold hearings on it. (The Senate, by the way, is not expected to vote for it.) Supposedly, the House vote was not merely questionable: it was so unconstitutional that every Representative who voted the wrong way was forfeiting their office, and even committing a crime. The petitioners do acknowledge that Article 30 of the state constitution's Bill of Rights states that the "freedom of deliberation, speech, and debate, in either house of the legislature, is so essential to the rights of the people, that it cannot be the foundation of any action, complaint, or prosecution, in any other court or place whatsoever." But, they claim that this protection does not extend to the actual votes. The "Concord 189" are supposdly guilty of Breach of Oath of Office and Conspiracy Against Rights ("Violation of 18 USC § 241.")
State Rep. Dan Itse told the Manchester Union Leader's state house reporter Garry Rayno that he planned to bring a petition proposal before the Rules Committee in May. The committee met on May 21, and Itse failed to show up. On May 23, the Senate laid HB 135, on the table (thus killing the bill) but that doesn't necessarily mean this petition or the criminal complaints are over and done with.
Here is the text of the petition taken from a badly scanned 3rd generation photocopy. There are doubtless some typos in this text, and lots of formatting (e.g., bold facing and underlining) is missing:
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1828 Noah Webster http://1828.mshaffer.com/d/word/redress
REDRESS', v.t.
REDRESS', n.
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THEREFORE We, the undersigned People of New Hampshire demand the following redress from the New Hampshire Senate and the remaining members of the New Hampshire House of Representatives in accord with Article 31 of the New Hampshire Bill of Rights.
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Ironically, or maybe not so ironically, this petition is totally unconstitutional. Only the legislature can remove members for wrongdoing, and they cannot be prosecuted simply for voting the wrong way. The proponents of this bill propose to try the rogue legislators using a procedure which is found nowhere in the state or federal constitutions: i.e., a self-selected body (consisting of exactly 25 sovereign citizens) called a "Quo Warranto? Board of Review" would appoint a "Quo Warranto? Jury." (Or, something along those lines.)
This procedure is apparently derived from Article 61 of the Magna Carta:
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All this fuss is over a bill which makes an extremely minor change to the law on self defense. In fact, it would merely put the law back the way it has been since 1971. In 2011, the socalled "castle doctrine" was extended from your home to anyplace you have the right to be. The castle doctrine creates a rebuttable presumption that you were acting in self-defense whenever you use deadly force against another person in your home (and/or anyplace else you have a right to be)— but regardless of where you are, the use of deadly force is only legal when you are acting in self-defense.
There has been a heated debate which has little or nothing to do with anything which the bill actually says. Moreover, no one seems to know of any criminal cases which have actually been effected by the 2011 legislation— although there was the Ward Bird case back in 2006 (before the law was changed.) That involved a man who may or may not have pulled a gun on a woman who took a wrong turn in the woods and mistakenly drove up to his trailer.
Here is the bill as passed by the "Concord 189":
HB 135 – AS AMENDED BY THE HOUSE 27Mar2013… 0341h 2013 SESSION
13-0281 HOUSE BILL 135 AN ACT relative to physical force in defense of a person and relative to the definition of non-deadly force.
SPONSORS:
Rep. Shurtleff, Merr 11 AMENDED ANALYSIS This bill eliminates the provision allowing a person to use deadly force anywhere he or she has a right to be.
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Explanation: Matter added to current law appears in bold italics. Matter
removed from current law appears [ Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Mar2013…
0341h STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Thirteen AN ACT relative to physical force in defense of a person and relative to the definition of non-deadly force. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Physical Force in Defense of a Person. Amend RSA 627:4, III to read as follows: III. A person is not justified in using deadly force on another to defend himself or herself or a third person from deadly force by the other if he or she knows that he or she and the third person can, with complete safety: (a)
Retreat from the encounter, except that he or she is not required
to retreat if he or she is within his or her dwelling[ (b) Surrender property to a person asserting a claim of right thereto; or (c) Comply with a demand that he or she abstain from performing an act which he or she is not obliged to perform; nor is the use of deadly force justifiable when, with the purpose of causing death or serious bodily harm, the person has provoked the use of force against himself or herself in the same encounter; or (d) If he or she is a law enforcement officer or a private person assisting the officer at the officer's direction and was acting pursuant to RSA 627:5, the person need not retreat. 2 Effective Date. This act shall take effect 60 days after its passage. |
The petition appears to have been written by the same people
who wrote Gus
Breton's July 2012 "New Hampshire Declaration of Abjuration and
Reformation." The seemingly gratuitous references in the
petition to Noah
Webster's 1828 dictionary are actually very significant.
Petitioners Gus Breton and
David Johnson lead a small
band of secessionists who have declared that this dictionary is "our
only language; to the exclusion of all other words and definitions
from any source whatever".
It is unclear what parliamentary action could result from this petition. It was filed on April 9, 2013, but the Speaker and House Clerk have refused to put it in the weekly calendar. Even if a motion to refer this petition to a committee is in order, it would presumably fail. Another possibility is that the petition sponsors and other representatives associated with this effort could be censured.
In addition to this petition, criminal complaints are being filed in various counties. I would be one of the 189 targets of these complaints but I have not been arrested or even summonsed yet. The only such document I have seen is the Rep. John Hikel's "Emergency Verified Complaint" filed in Hillsborough County on April 11th. Like the petition, it reads as if it was written by the same people who write Gus Breton's stuff. (Gus Breton actually does most of his own writing, I am sure.)
Here is the text of the main section of the criminal complaint (as taken from a document released on April 22, 2013, intended for use by those who want to follow in Hikel et al.'s footsteps.):
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I am of lawful age to make this verified complaint. I am of sound mind and not under the guardianship of another. In Witness Whereof, knowing the law of bearing false witness before God and men, I solemnly affirm that the above-stated facts in this complaint I've made against Steven Shurtleff, the 12 Committee Members and the 189 house members, are to the best of my knowledge, true, correct and complete. |
See Also:
PDF of a blank complaint (the idea is that you can sign page 9, get a rep to countersign page 1, notarize it and then file it with the House Clerk, or the county sheriff, or someone else of that ilk— if you feel the need to go to all that trouble)
Gus Breton's July 2012 "New Hampshire Declaration of Abjuration and Reformation."
Noah Webster's 1828 American Dictionary of the English Language
Miscellany Blue blog postings:
Garry Rayno's April 21, 2013 Manchester Union Leader "State House Dome" column