[Slickcraft]

I can think of a number of situations when a homeowner would want to display a weapon so as to warn away a suspicious stranger. Of course, not being there, it is hard to say if such display was warranted or not here. In any case, the harsh penalty is totally unwarranted.

It sounds like state law dealing with home defense needs some work to make it clear that a homeowner does have the right display a weapon when a stranger refuses an order to leave or otherwise acts in a threatening way. There is a recent addition to RSA 631.4 that hints at this but there are no special provisions for home defense. Right now you have to show that someone else first threatened to do you in prior to your displaying the fact that you are armed. That may be little late in many situations.

631:4 Criminal Threatening. –
I. A person is guilty of criminal threatening when:
(a) By physical conduct, the person purposely places or attempts to place another in fear of imminent bodily injury or physical contact; or
(b) The person places any object or graffiti on the property of another with a purpose to coerce or terrorize any person; or
(c) The person threatens to commit any crime against the property of another with a purpose to coerce or terrorize any person; or
(d) The person threatens to commit any crime against the person of another with a purpose to terrorize any person; or
(e) The person threatens to commit any crime of violence, or threatens the delivery or use of a biological or chemical substance, with a purpose to cause evacuation of a building, place of assembly, facility of public transportation or otherwise to cause serious public inconvenience, or in reckless disregard of causing such fear, terror or inconvenience; or
(f) The person delivers, threatens to deliver, or causes the delivery of any substance the actor knows could be perceived as a biological or chemical substance, to another person with the purpose of causing fear or terror, or in reckless disregard of causing such fear or terror.
II. (a) Criminal threatening is a class B felony if the person:
(1) Violates the provisions of subparagraph I(e); or
(2) Uses a deadly weapon as defined in RSA 625:11, V in the violation of the provisions of subparagraph I(a), I(b), I(c), or I(d).
(b) All other criminal threatening is a misdemeanor.
III. (a) As used in this section, "property'' has the same meaning as in RSA 637:2, I; "property of another'' has the same meaning as in RSA 637:2, IV.
(b) As used in this section, "terrorize'' means to cause alarm, fright, or dread; the state of mind induced by the apprehension of hurt from some hostile or threatening event or manifestation.

[Paragraph IV effective January 1, 2011.]

IV. A person who responds to a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person or to another by displaying a firearm or other means of self-defense with the intent to warn away the person making the threat shall not have committed a criminal act under this section.