Shooting a RFL/HNDGN in defence in NJ

[zaphyman]

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Hey all,

I was in the ARMY for 8yrs and during that time I acquired a pistol a Rifle and a shotgun. I moved back to NJ for this year and I was wondering what the Law was in respect to Discharging any of My firearms in self-defense, To shoot out tires of a getaway car of would-be thieves if they were attempting to rob my home, or even accidental discharge on my own property. The Laws are very scattered. Can anyone help?

-Zaphyman

 

[sandcast69]

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You can only fire your weapon in self defense, meaning imminent death or serious bodily injury ONLY!!!
In New Jersey you have a duty to retreat if you can do so safely, only after all avenues of escape have been eliminated can you legally use deadly force.

DO NOT shoot at escaping criminals, once they're running away they're no longer a threat and you become the aggressor. If you then shoot at them YOU will go to jail!

If a neighbor should hear an accidental discharge and calls the cops you'll have some
explaining to do. Whether or not you get arrested will depend where you live and the cop on the scene, but I would figure on a trip to your local cop shop.
Hope this helped.
sandcast69

 

[press1280]

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Duty to retreat in NJ, although brandishing is NOT considered deadly force. For a home break in, it seems you have to give the perp a chance to leave or surrender as well. The word "reasonably," shows up many times in the statute, which is not comforting.

No Castle Law, so you still can be sued for injuiring the perp.

Shooting the tires out of a getaway would probably be a no-no in any state.

 

[Frederick618]

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zaphyman wrote:

Hey all,

I was in the ARMY for 8yrs and during that time I acquired a pistol a Rifle and a shotgun. I moved back to NJ for this year and I was wondering what the Law was in respect to Discharging any of My firearms in self-defense, To shoot out tires of a getaway car of would-be thieves if they were attempting to rob my home, or even accidental discharge on my own property. The Laws are very scattered. Can anyone help?

-Zaphyman

Having lived in NJ most of my life I can tell you that Jersey has Zero tolerancefor law abidingcitizens defending themselves. I recommend you consider taking out an "Excess Personal Liability & Self Defense" policy provided by Lloyds of London and attainable through the NRA. It will reimburse expenses incurred by you from shooting an intruder only after you have been exonerated by a jury of, hopefully your peers. Move if you still can. Good luck

 

[thejax]

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Frederick618 wrote:

zaphyman wrote:

Hey all,

I was in the ARMY for 8yrs and during that time I acquired a pistol a Rifle and a shotgun. I moved back to NJ for this year and I was wondering what the Law was in respect to Discharging any of My firearms in self-defense, To shoot out tires of a getaway car of would-be thieves if they were attempting to rob my home, or even accidental discharge on my own property. The Laws are very scattered. Can anyone help?

-Zaphyman

Having lived in NJ most of my life I can tell you that Jersey has Zero tolerancefor law abidingcitizens defending themselves. I recommend you consider taking out an "Excess Personal Liability & Self Defense" policy provided by Lloyds of London and attainable through the NRA. It will reimburse expenses incurred by you from shooting an intruder only after you have been exonerated by a jury of, hopefully your peers. Move if you still can. Good luck

He has a good point. Honestly, I think the policy is junk though. I mean if I shoot someone, from the time I get arrested to the time I get either convicted or it gets dismissed, I would like to have a lawyer.

If you aren't rich and can't afford a lawyer, then what? As he said, this policy only covers you after the trial and after you have been found innocent. If I am wrong, correct me.

I am waiting for an insurance company to have the balls to write a policy that will give the insured legal representation, regardless of fault, right from the beginning. AAA does this for a moving violation. We should start our own club. Ha.

But to answer the question, yea, its zero tolerance. The only way to shoot someone in self defense the right way is to shoot them in a way you know they won't be going home then flee the scene before an LEO got there. If this may happen at your house, invest in a silencer and bury the man in the back yard.

Its either that or go to jail for 30 years. Or... move out of the great garden state. I did and you can too. LOL

 

[Frederick618]

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Imoved fromanti gun crazy Jersey last year. I now live in Florida where praise the lord law abiding citizens have a fundamental right to stand their ground and notretreat from aoffender who is an up close and personal threat totheir survivalwhether at home or out on the town. If youpossess a CCW, which I do, that same fundamental right to defend yourself is extended to you whenever you are away from your home as well.

 

[thejax]

imported post

Frederick618 wrote:

I moved from anti gun crazy Jersey last year.  I now live in Florida where praise the lord  law abiding citizens have a fundamental right to stand their ground and not retreat from a offender who is an up close and personal threat to their survival whether at home or out on the town.  If you possess a CCW, which I do, that same fundamental right to defend yourself is extended to you whenever you are away from your home as well. 

Yea but the only thing you don't have in Florida is open carry. I have dual residency and I am in Florida a lot. Now I prefer concealed when upstate because I don't like the hassle and I don't mind concealed. But in Florida its hot as balls and sometimes, I'd like wear next to nothing. In Florida I would prefer open carry as it is such a hassle to conceal. Sometimes I just leave it at home because I have no where to put it.

 

[Frederick618]

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I have to admit you're absolutely right about concealed carry being a pain in the balls in hot ass Florida. I also leavemy gun home for the very same reason you do. I wish we had open carry here too. I'll have to check around to find out ifopen carry isbeing considered in Florida.

How does that work? If you havea gun in an open carry state does it have to be completely visible to the the public like in the days of thecowboy or, can you carry it in your pocket with only the pistol grip sticking out?

 

[CowboyKen]

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Frederick618 wrote:

I have to admit you're absolutely right about concealed carry being a pain in the balls in hot ass Florida. I also leavemy gun home for the very same reason you do. I wish we had open carry here too. I'll have to check around to find out ifopen carry isbeing considered in Florida.

How does that work? If you havea gun in an open carry state does it have to be completely visible to the the public like in the days of thecowboy or, can you carry it in your pocket with only the pistol grip sticking out?

In Nevada -NRS 202.3653 Definitions. As used in NRS 202.3653 to 202.369, inclusive, unless the context otherwise requires:
1. “Concealed firearm” means a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation.

http://leg.state.nv.us/NRS/NRS-202.html#NRS202Sec3653

The law in each state is different. You MUST know the law where you are.

Ken