New Hampshire's "castle" protections operate across the justification statutes in RSA Chapter 627. For a person defending the home, two of them do most...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
New Hampshire's "castle" protections operate across the justification statutes in RSA Chapter 627. For a person defending the home, two of them do most of the work:
RSA 627:4 (Physical Force in Defense of a Person) governs force used against a person. Its deadly-force triggers in RSA 627:4, II include a burglary-specific rule (II(b)) and a dwelling-specific rule (II(d)), and its no-duty-to-retreat rule (III(a)) is the codified castle rule.
RSA 627:7 (Use of Force in Defense of Premises) governs force used to defend the premises themselves against a criminal trespass. It authorizes non-deadly force broadly, but it authorizes deadly force in only two situations: in defense of a person as prescribed in RSA 627:4, or to prevent an attempt by the trespasser to commit arson.
A third statute, RSA 627:8 (Use of Force in Property Offenses), governs force used to protect property and never authorizes deadly force on its own.
Most home-defense scenarios are analyzed under RSA 627:4, because the intruder is using or about to use unlawful force against a person who is present. RSA 627:7 and RSA 627:8 fill in for cases where the threat is to the premises or to property rather than to a person.
RSA 627:4, II lists the situations in which deadly force against another person is justified. A person is justified in using deadly force when he reasonably believes that the other person:
Two of these matter most for home defense.
RSA 627:4, II(b) is the burglary rule. If an intruder is committing or attempting to commit a burglary and is likely to use any unlawful force against a person who is present, deadly force is justified. The force the burglar threatens does not have to be deadly force. Any unlawful force against a person present is enough.
RSA 627:4, II(d) is the dwelling rule, and it is the most home-specific of the four. It authorizes deadly force when the actor reasonably believes the other person "is likely to use any unlawful force in the commission of a felony against the actor within such actor's dwelling or its curtilage." Key elements:
The (d) trigger is broader than the general (a) standard in two ways. First, it does not require that the intruder's force be deadly. Any unlawful force suffices. Second, it is tied to the dwelling and its curtilage rather than to a generalized deadly-force threat.
The duty-to-retreat exception is at RSA 627:4, III(a). The statute says a person is not justified in using deadly force if he or she knows that he or she can, with complete safety, "retreat from the encounter, except that he or she is not required to retreat if he or she is within his or her dwelling, its curtilage, or anywhere he or she has a right to be, and was not the initial aggressor."
Inside the dwelling and its curtilage, the actor has no duty to retreat, even where retreat would be safe. This is the historic castle rule. New Hampshire goes further with broader stand-your-ground language ("or anywhere he or she has a right to be"), but the castle protection inside the home applies on its own terms.
RSA 627:7 is titled "Use of Force in Defense of Premises." It is a single undivided paragraph with no subsections. The full text reads:
"A person in possession or control of premises or a person who is licensed or privileged to be thereon is justified in using non-deadly force upon another when and to the extent that he reasonably believes it necessary to prevent or terminate the commission of a criminal trespass by such other in or upon such premises, but he may use deadly force under such circumstances only in defense of a person as prescribed in RSA 627:4 or when he reasonably believes it necessary to prevent an attempt by the trespasser to commit arson."
Two rules come out of that single sentence:
This is narrower than many people assume. Burglary, robbery, and theft do not appear in RSA 627:7 as deadly-force triggers. If deadly force is used against a burglar, the justification comes from RSA 627:4, II(b) or II(d), not from RSA 627:7. RSA 627:7 itself adds only arson to the RSA 627:4 baseline, and it contains no request-to-desist or "warning first" requirement.
RSA 627:8 is titled "Use of Force in Property Offenses." Its full text reads:
"A person is justified in using force upon another when and to the extent that he reasonably believes it necessary to prevent what is or reasonably appears to be an unlawful taking of his property, or criminal mischief, or to retake his property immediately following its taking; but he may use deadly force under such circumstances only in defense of a person as prescribed in RSA 627:4."
So a person may use non-deadly force to stop an unlawful taking of property, to stop criminal mischief, or to retake property immediately after it is taken. Deadly force in a property offense is justified only in defense of a person under RSA 627:4. Deadly force in defense of property alone is never authorized by RSA 627:8.
The bright line for deadly force in New Hampshire is this:
Bare defense of moveable property is not on that list. Both RSA 627:7 and RSA 627:8 route deadly force back to RSA 627:4 except for the single arson trigger in RSA 627:7.
RSA 627:4, III(a) ties the no-duty-to-retreat castle rule to the actor not being the initial aggressor. Someone who provokes the encounter in their own home does not get the benefit of the no-retreat rule on those facts.
The initial-aggressor bar has an exception drawn from RSA 627:4, I(b): if the actor withdraws from the encounter and effectively communicates the intent to withdraw, and the other person continues the use or threat of unlawful force, the justification can be restored.
The RSA 627:4, II(d) and III(a) protections extend to the dwelling "and its curtilage." Curtilage is generally understood as the enclosed area immediately surrounding the home that is used in connection with daily home life. Porches, decks, attached garages, and the yard close to the home are typically curtilage. Detached outbuildings such as sheds and barns are more fact-dependent, turning on factors like proximity to the home, whether they sit inside the same enclosure, and how they are used.
The practical implication: a homeowner confronting an intruder on the porch or in the attached garage is generally within the protected zone. The same homeowner confronting someone in a detached shed across the property may be outside it, and the analysis can shift accordingly.
New Hampshire does not have a freestanding self-defense civil-immunity statute of the kind some other states have enacted. A homeowner who lawfully uses force in self-defense under RSA 627:4 can still be named in a civil suit, such as a wrongful-death action. The justification doctrine is the defense, and a reasonable use of force in self-defense should support a defense outcome, but the homeowner is not statutorily immune from being sued.
RSA 627:4, II-a addresses displaying a firearm as a warning. The statute says that a person who responds to a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death, by displaying a firearm or other means of self-defense with the intent to warn away the person making the threat, has not committed a criminal act.
In the home, this means a resident who draws a firearm to warn off a threatening intruder, without firing, has a statutory safe harbor when the threat would be considered by a reasonable person as likely to cause serious bodily injury or death.
Federal law does not displace New Hampshire's castle and defense-of-premises rules. The Protection of Lawful Commerce in Arms Act (15 U.S.C. 7901 et seq.) limits certain civil lawsuits against firearm manufacturers and sellers for the criminal misuse of firearms by third parties. It is about industry liability, not about a homeowner's right to defend the home, and it does not change the RSA 627 analysis.
This page is general legal information, not legal advice. Statutes and court decisions change. Confirm the current text of RSA 627:4, RSA 627:7, and RSA 627:8 and consult a New Hampshire attorney before relying on any of it.
This page covers one part of our New Hampshire concealed carry guide.
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