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HB 1108 · 2026 · House · Criminal Justice and Public Safety Committee

Criminal threatening offense standard

AI-generated

relative to the offense of criminal threatening.

Revises the standard for when a person is not deemed to have committed criminal threatening when responding to certain threats.AI-generated

Status

Killed in the House — indefinitely postponed · March 11, 2026
  1. ✓Introduced
  2. ✕House
  3. Senate
  4. Governor
  5. Law

Analysis

This bill revises the standard for when a person shall not be deemed to have committed the offense of criminal threatening, when responding to certain threats.

From the bill's official ANALYSIS section.

In the bill's words

Quoted verbatim from the bill as amended by the House. Passages chosen from the operative text.Computed by this site

“A person who, in response to conduct that could reasonably be perceived by a person as likely to result in serious bodily injury, death, theft, unlawful intrusion, or refusal to leave after lawful trespass notice, displays a firearm or other lawful means of self-defense with the intent to deter such conduct, shall not be deemed to have committed a criminal act under this section.”
Section 1
“Nothing in this section shall be construed to limit the open carrying of firearms as otherwise permitted by law.”
Section 1

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Sponsors

Rep. Donald McFarlaneRPrime
  • Rep. Kristin NobleRChair· Education Policy and Administration
  • Sen. Daniel InnisRChair, Majority Policy Conference
  • Sen. Keith MurphyRDeputy President Pro Tempore

Also: Rep. Cyril AuresR, Rep. Daniel Popovici-MullerR, Rep. Matt DrewR, Rep. Michael GrangerR

Public testimony

47 signed in online · 12 wrote testimony

30% support70% oppose0% neutral

In their wordsVerbatim, exactly as submitted

“I am tired of watching peoples constitutional rights be violated. I am horrified by the actions of ICE.…”
— Rachel Thomas, Somersworthsupports
“I am writing to urge your support for HB 1108, which provides important reforms to New Hampshire's criminal threatening statute.…”
— Kimberly Owens, Nashuasupports
“I support HB 1108. It makes clearer that a person - who fears harm to self, his/her property, etc. - does not commit a criminal offense by seeking to deter the action feared, even if that requires the display of a weapon.…”
— Jay SIMKIN, NASHUAsupports
“This will get people killed. This is a terrible bill and I strongly oppose it.”
— Michelle Moge, Derryopposes
“As a matter of public safety, I oppose this bill as it relates to essentially legalizing brandishing a weapon.”
— Jennifer legier, Camptonopposes
“I oppose this bill because it reduces transparency, access, or fairness in public processes and does not meaningfully improve outcomes for New Hampshire residents.”
— Tiffany Gladu, Goffstownopposes

Verbatim excerpts of submitted testimony, quoted from the testimony tool.

Read the testimony · as of Aug 12, 2026

Votes

yeanay
Starting text: Bill as introduced
  • Feb 11, 2026HouseCommittee report· consent calendar: Inexpedient to Legislate13–0
    Overall
    100% yea
  • Mar 5, 2026HouseDivisionLay HB1108 on Table (Rep. Rhodes)Adopted297–23
    Overall
    93% yea
  • Mar 11, 2026HouseRoll callRemove from Table (Rep. Roy)Adopted177–158How they voted
    Overall
    53% yea
    Party-line vote
    Republicans
    174–1194% yea
    Democrats
    3–1472% yea
  • Mar 11, 2026HouseRoll callInexpedient to LegislateFailed151–186How they voted
    Overall
    45% yea
    Party-line vote
    Republicans
    3–1822% yea
    Democrats
    148–497% yea
  • Mar 11, 2026HouseDivisionFloor amendment 2026-1113h (Rep. McFarlane)Adopted188–149
    Overall
    56% yea
  • Mar 11, 2026HouseDivisionIndefinitely Postpone (Rep. Wade)Failed146–191
    Overall
    43% yea
  • Mar 11, 2026HouseRoll callOught to Pass with Amendment 2026-1113hAdopted193–144How they voted
    Overall
    57% yea
    Party-line vote
    Republicans
    186–0100% yea
    Democrats
    7–1445% yea
    Resulting text: Bill as amended by the House
  • Apr 9, 2026SenateCommittee report: Referred to Interim Study5–0
    Overall
    100% yea
  • Apr 9, 2026SenateVoice voteRefer to Interim Studyadopted

Hearings and debates

  • Jan 28, 2026Public hearingHouse Criminal Justice and Public Safety5:33:18–5:34:251m 7slocated in the stream transcriptPublic Hearing; Executive Session
  • Mar 5, 2026Floor debateHouse floor8:09:26–8:13:404m 14slocated in the stream transcriptLay HB1108 on Table (Rep. Rhodes) — adopted, division 297-23
  • Mar 11, 2026Floor debateHouse floor1:14:04–1:22:278m 23slocated in the stream transcriptInexpedient to Legislate — failed, roll call 151-186; Indefinitely Postpone (Rep. Wade) — failed, division 146-191; Ought to Pass with Amendment 2026-1113h — adopted, roll call 193-144
  • Mar 24, 2026Public hearingSenate Judiciary51:48–52:581m 10slocated in the stream transcriptHearing
  • Apr 9, 2026Floor debateSenate floorWatchnot located in the transcript — opens the full streamCommittee Report: Referred to Interim Study; Refer to Interim Study — adopted, voice vote

Timestamps locate where this bill is taken up in the chamber's YouTube stream.

Legislative history

  1. Jan 7, 2026HouseIntroduced 01/07/2026 and referred to Criminal Justice and Public Safety HJ 1 P. 6
  2. Jan 28, 2026HousePublic Hearing: 01/28/2026 03:00 pm GP 159
  3. Jan 28, 2026HouseExecutive Session: 01/28/2026 03:00 pm GP 159
  4. Feb 11, 2026House: Inexpedient to Legislate 02/11/2026 (Vote 13-0; CC) HC 9 P. 5
  5. Mar 4, 2026HouseRemoved from Consent (Reps. McFarlane, McGrath, Beaulier, Tom Mannion, Giasson, Berezhny, D. Kelley, D. McGuire, Scully, Popovici-Muller) 03/04/2026 HJ 6 P. 2
  6. Mar 5, 2026HouseLay HB1108 on Table (Rep. Rhodes): MA DV 297-23 03/05/2026 HJ 6 P. 138
  7. Mar 11, 2026HouseRemove from Table (Rep. Roy): MA RC 177-158 03/11/2026 HJ 7 P. 69
  8. Mar 11, 2026HouseInexpedient to Legislate: MF RC 151-186 03/11/2026 HJ 7 P. 71
  9. Mar 11, 2026HouseFLAM # 2026-1113h (Rep. McFarlane): AA DV 188-149 03/11/2026 HJ 7 P. 73
  10. Mar 11, 2026HouseIndefinitely Postpone (Rep. Wade): MF DV 146-191 03/11/2026 HJ 7 P. 73
  11. Mar 11, 2026HouseOught to Pass with Amendment 2026-1113h: MA RC 193-144 03/11/2026 HJ 7 P. 75
  12. Mar 12, 2026SenIntroduced 03/12/2026 and Referred to Judiciary; SJ 7
  13. Mar 24, 2026SenHearing: 03/24/2026, Room 100, SH, 01:10 pm; SC 11
  14. Apr 9, 2026Sen: Referred to Interim Study, 04/09/2026; Vote 5-0; CC; SC 13
  15. Apr 9, 2026SenRefer to Interim Study, MA, VV; 04/09/2026; SJ 8

Coverage

No reporting linked yet.

Documents (PDF)

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.