New Hampshire Revised Statutes 642:3-a – Taking a Firearm From a Law Enforcement Officer
Current as of: 2023 | Check for updates
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I. Whoever knowingly takes a firearm:
(a) From the person of a law enforcement officer, while such officer is engaged in the performance of official duties; and
For details, see N.H. Rev. Stat. 651:2
(b) Against that officer’s will; or attempts to do so, shall be punished as provided in paragraph II.
II. The punishment for an offense under this section is:
(a) In the case of an offense other than an attempt, or an offense that is an attempt during which the firearm is discharged (other than intentionally by the officer), a class A felony; and
(b) In the case of any other offense that is an attempt, a class B felony.
III. It shall be an affirmative defense to prosecution under this section if an individual acts to disarm an officer engaging in felonious conduct or conduct so reckless as to endanger the lives of others. However, a conviction resulting from that conduct need not be obtained to present this defense.
IV. A term of imprisonment imposed under this section shall not run concurrently with any other term of imprisonment imposed with respect to the same criminal episode.
V. In this section:
(a) “Firearm” means any weapon, including a starter gun, which will, is designed to, or may be readily converted to expel a projectile by the action of an explosive.
(b) “Law enforcement officer” means law enforcement officer as defined in N.H. Rev. Stat. § 630:1, II.
(a) From the person of a law enforcement officer, while such officer is engaged in the performance of official duties; and
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | up to 15 years | up to $4,000 |
| Class B felony | up to 7 years | up to $4,000 |
Terms Used In New Hampshire Revised Statutes 642:3-a
- Conviction: A judgement of guilt against a criminal defendant.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
(b) Against that officer’s will; or attempts to do so, shall be punished as provided in paragraph II.
II. The punishment for an offense under this section is:
(a) In the case of an offense other than an attempt, or an offense that is an attempt during which the firearm is discharged (other than intentionally by the officer), a class A felony; and
(b) In the case of any other offense that is an attempt, a class B felony.
III. It shall be an affirmative defense to prosecution under this section if an individual acts to disarm an officer engaging in felonious conduct or conduct so reckless as to endanger the lives of others. However, a conviction resulting from that conduct need not be obtained to present this defense.
IV. A term of imprisonment imposed under this section shall not run concurrently with any other term of imprisonment imposed with respect to the same criminal episode.
V. In this section:
(a) “Firearm” means any weapon, including a starter gun, which will, is designed to, or may be readily converted to expel a projectile by the action of an explosive.
(b) “Law enforcement officer” means law enforcement officer as defined in N.H. Rev. Stat. § 630:1, II.