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KurtC

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Posts posted by KurtC


  1. It would not surprise me if NJ bans FMJ as well as hollow points.   :wacko:

    I doubt if any of the legislators even know what actual Dum-Dum bullets are. The term hasn't been used for a hundred years. 

    Back in the last century, I carried Glaser Safety Slugs.  First blue, then silver.  When Federal came out with the EFMJ, I switched to them.   I still have more than enough 9mm and 45acp stashed away, as well as a box of 200gr 45 bullets for hand loading. 


  2. 27 minutes ago, 1LtCAP said:

    (i)The actor is not obliged to retreat from his dwelling, unless he was the initial aggressor; and

    (ii)A public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape is not obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed.

    TITLE 2C - THE NEW JERSEY CODE OF CRIMINAL JUSTICE
    Section 2C:3
    2C:3-4 - Use of force in self-protection

    Correct.  You do not have to surrender your dwelling.


  3. 1 minute ago, Bomber said:

    Isn't N.J. a "duty to retreat" state outside of your property or place of business? 

    Yes.  It actually includes your property and home. Castle Doctrine in NJ is extremely limited.  Inside your home you cannot use deadly force to prevent a robbery, even if the intruder has a weapon.  If he is just stealing, you have to retreat and call police.  You can only use deadly force if the intruder is trying to kill you or inflict grave bodily harm.

    On your property, you have a duty to retreat into your home.

     

    If you kill an assailant, the court will look to the history of both the assailant and you.  If the assailant has a history of carjackings or break ins and has never harmed anyone, you are screwed.

     

    If you have been posting on social media, like a gun forum, that you have the right to kill anyone who threatens you, well....good luck.

     

     


  4. 16 minutes ago, JackDaWack said:

    Yeah, If I dont feel threatened why would I give up the vehicle? If I feel threatened that's an acceptable use of force. If the carjacker already is in the vehicle driving off, that's a no go.

    I think we need to stop with the overly generalized hypotheticals here. This is also why you don't talk to the cops after, because it's NOT about stopping the theft of a vehicle, it's about defending your life. 

    Feeling threatened alone or being verbally threatened alone does not justify the use of lethal force in New Jersey.  There has to be other conditions.  Carjackers do not normally kill people in their cars, as it is difficult to remove the body and clean up the brains and blood.    If you see an armed individual approaching your car, you are certainly permitted to draw and verbally challenge.  If he raises his knife or handgun at that point, lethal force is justified.

    There was a case in Philadelphia a year ago where the victim was standing outside of his vehicle, in his mother's driveway.  In that incident, the assailant shot and killed the victim and then drove off the vehicle.  In that case the victim would certainly have been justified in using lethal force for self defense, but he was unarmed.

    Take as much quality training as available.  Read up on expert witness testimonies.

     


  5. 19 minutes ago, Scorpio64 said:

    Gee, not even if the carjacker is threatening the owner with a sharp pointy stick, or a Glock?  I guess I need to find that part of NJ law where is say a vehicle owner must peacefully relinquish property to a thief, if the thief has a weapon.

    Maybe we need an info booklet on how that works.

    Dick and Jane were carpooling to work.  Jane was driving and stopped at a red light.  A carjacker suddenly appears and points a gun at Jane.  Dick sez, "Gee Jane, I'm sorry I can't use my CCW to protect us, it's a carjacking.  God damn that carjacking loophole!!!!!

     

    This is where you need to take the time to learn the specifics of New Jersey self defense law.  If you receive proper training, they will explain a lot of it.

     

    In general, lethal force cannot be used in New Jersey to protect property, such as your vehicle, even if the assailant has a weapon.  The assailant has to be actually trying to inflict grave bodily harm or death in order to obtain your property.  This applies even in your own home.

     

    You are permitted to draw your firearm to a ready position and verbally challenge the assailant.  Hopefully, this discourages him and he retreats.  In order to discharge your firearm, the threat not only has to be immediate, but it has to be "imminent."  This is an extremely subjective legal term, especially in NJ.  Be sure to have a lawyer that is familiar with firearm law in this state.  The criminal has more rights than you do.

     

    If the carjacker approaches you from the blind side and points a gun at your head, don't think that you can draw and fire before he pulls the trigger.  It takes an extensive amount of training to come even close to that.


  6. 1 minute ago, Downtownv said:

    And the winner of "The first NJ Concealed carrier, to be charged is..........."

    Every liberal media outlet in the US is chomping at the bit to find out who it will be. 

    I'm not trying to convince folks not to carry,  I'm just trying to make folks aware of reality in NJ.

    By the way, you cannot use lethal force to stop a carjacking.  This is where you need to be aware of the extremely limited conditions where lethal force can be used in self defense.

    This isn't Pennsyltucky.


  7. Any incident with your sidearm is going to get you arrested, for something. There is a long list of possibilities.  The Self Defense plea in NJ is extremely restricted.

    Hopefully, the judge allows bail and you can afford it.  Otherwise, you are going to spend the next 6-12 months sitting in jail while a 25 year old Public Defender visits you for 5 minutes a week, telling you that he is working on your case (which he isn't).  When your court date finally comes up, he throws you under the bus with a plea bargain.  

    Welcome to the real world.

     


  8. 4 minutes ago, Bomber said:

    Are we sure we still want to conceal carry in N.J. ?

    The interpretation of the law may have changed but the same evil people are still running the state and courts. 

     

    Exactly.  Everything is against you in NJ.  Our state animal should be the Lawyer.  The SCOTUS decision gives us more liabilities than rights.  You now can enjoy the right of carrying 2 lbs of steel on your hip and wearing extra clothing in the summer heat.  You still do not have right of self defense.

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  9. 6 minutes ago, Scorpio64 said:

    The dead guys attorney may argue that you trained to kill, honing your murderous skills at every opportunity.

    Rittenhouse didn't know squat about proficiency and still won.

    Jus say'n.

    Rittenhouse spent 2 years of his life defending his actions and only won because it was televised.  If it wasn't on TV, he would have been railroaded into prison for the rest of his life.

    You can't imagine all the possible charges and lawsuits you will face for using a firearm to defend yourself.  You might be lucky enough to stop the assailant, but if you injure an innocent bystander, they will nail you to wall.  If  you used a sidearm that you haven't qualified with, well...that's just icing on the cake for DA.

    • Like 1

  10. 3 hours ago, samiam said:

     

    I also think that the NJ mandate that only a handgun used to satisfy a training course requirement and which is identiified by make, model and serial number on the application form may be carried is not going to survive future scrutiny. First, there is no possible plausible analogy between that requirement and firearms regulations in force in 1791 or 1868. Furher, it is clearly inimical to the ability to carry a gun for self defense. What happens if I hold a NJ carry permit and my gun is damaged beyond repair? Am I to be prohibited from carrying until I go through the application process again from scratch? Or do I only need to take my training and qulification again with the replacement gun (after waiting weeks for permission to purchase it)? Neither is even close to reasonable under what Thomas claims as the basis of his opinion. AFAIK NJ doesn't even mention that contingency, anywhere, or any way to address it. I have $100 that says that requirement is a goner, sooner or later. Maybe changing it to require that the gun carried be similar in form and function to the training  gun might pass muster, I don't know.

    The way my attorney explained it to me... It's my butt that's on the line.  If I am involved in an incident and cannot prove that I am proficient with the exact sidearm that was used, I can lose my freedom, job, home and money.  I have to defend my actions in both criminal and civil courts.

    I make sure that I document extensive training and a qualification with any sidearm I carry, whether there is an actual statute or not.  The fact that they want you to do the initial qual with the one you will carry kinda tells you where their line of thinking is.

    Cover your butt every way possible.  You have everything to lose.


  11. Every  qual I have used has been 80% minimum.  You usually get two chances.  If you pass on the first round, ask if you can use a different handgun for the second.  Make sure they put both handguns on your paperwork.

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  12. 2 hours ago, H2oVento said:

    So one on my 3 reff is retired law enforcment out of state.  Once they sign it how long do I have to turn it in to my local PD, the other two are current law enforcement in this state. Do I just fedx it back and forth?

    You don't get extra points by using LE for references.  They usually don't allow LE from within your home agency.  There is no set time limit.  The qualification has to be within 6 months of the application, so that may be a good standard.  Check with your agency, they have final say. 

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  13. 14 minutes ago, Combat Auto said:

     

     

    I spoke to my neighbor last night who is a retired Corrections Officer, yep he did say that it is a silhouette type target (and that years ago they used the more stringent oval with points increasing closer to the X...He also told me the max shot is 50 feet (also shorter than years ago). And he said as long as you hit the target you get 1 point...These make it a relatively easy shoot, but he did caveat that it can change from year to year and even btwn different Qual-Officers who are running the test.

    He also said, and I was surprised at this, that he has to qualify 2X a year, I figured once a year...Can anyone confirm it is also 2X a year or not for those who are not retired cops?

    For the civilian permit, you only need to qualify when you apply or renewal, which is every 2 years.

    If you decide to carry a different handgun, qualify on your own and keep a copy for your records.  You will need it prove proficiency with that particular sidearm in the event of a shooting.

    If the qual is 60 rounds, the standard Q target is 5 points or 0, hit or miss.  Divide your total point by three.  If it is the Q target with the inner circles and the outside border.  The circles are 5, the bowling pin is 4 and the border is 3.  Outside the border is 0.  Add up and divide by 3. 

     

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  14. 7 minutes ago, MartyZ said:

    So isn't the fact that qual-officers have the ability to modify the test, even in the smallest ways, constitute an objective requirement and against the Bruen ruling?

    No.  The Bruen ruling only eliminated having to show need.


  15. The FBI Q target represents the vital areas of the body where a hit is most likely to stop a threat.  It sort of looks like a bowing pin.    The standard one is hit or miss.   There are variations with circles in the head and chest that may be worth more points and ones on a larger silhouette where hits outside the bowling pin are worth lesser points.


  16. 2 minutes ago, Mr.Stu said:

    A key take away here is if you're carrying, don't get into disputes. Be the guy that walks away. Allowing things to escalate runs the risk of things ending catastrophically when they didn't need to. Is a parking spot worth anybody's life?

    ^^^ This

    NJ Self Defense law is judged on how the the confrontation began and how it escalated, not how it ended.  You may have used a sidearm to stop a knife attack, but you cannot use a self defense plea if you initiated the confrontation or somehow escalated it. 


  17. 19 hours ago, MartyZ said:

    If NJ does not distinguish between concealed and open carry, what happens if you accidently flash your holstered firearm? For example if removing a jacket and your shirt flaps open or you try to reach something on the top shelf in the supermarket and your shirt rides up.

    It depends on the situation.   Reaching for something or removing your jacket to get into your car, no big deal. 

    Exposing it while interacting with someone is a big no no.  You can be charged with brandishing a firearm, threat or assault.   

    For example, someone is disputing a parking space with you and you get out of your car with the sidearm exposed.   Someone cuts in line ahead of you at the supermarket and you "accidentally" expose your sidearm. 

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  18. I can't swear to the scoring of the NJ HQC.  The last time I shot it was in 2014, with a Beretta 9mm DAO Mini Cougar.  it was a rush qual to turn in a renewal and I really didn't pay that much attention to it.  My score was somewhere in the high 90's.  I remember having to wear the dark goggles for the "night" phase.  Before that, the last time was probably in the last century.

    Normally, I use the PA course linked above.  More challenging.  I think on that one you can miss most of the 25 yard shots and still get the 80% needed to pass. My scores are always in the high 90's, so I really haven't looked into it.  Maybe when I get too old to see 25 yards.


  19. The officials that carry in methods that they did not qualify with have lawyers that are paid by the state.  Unfortunately, we don't have that luxury, in either criminal or civil court.

    The New  Jersey HQC has been the requirement for anyone carrying a firearm in NJ, Police of Civilian.  I have been using the Pennsylvania for a good number of years, just to cover my butt.  It is more intensive than the NJ HQC.

    MPOETC

    It is my understanding that in order to administer the NJ HQC, the instructor needs to be certified as a police instructor, such as done by the NJ PTC.  The NRA has a Police Instructor Certification, which is different from their CCW or Pistol Instructor certifications.  It has been my understanding that this is acceptable.  My instructor has every possible police instructor certification, a Havard law degree and has been an expert witness in hundreds of shooting cases nationwide.  I have been covering my butt in every way possible for the past 3 and half decades. 

    Should the AG and SP decide to lower the standards in the weeks ahead, then the lesser NRA Instructor certifications may be acceptable.  Again, consult the agency that will be processing your paperwork.  They have the power to accept or reject.


  20. 1 hour ago, JackDaWack said:

    There are many different iterations of a HQC. Nothing in the law stipulates simulating real life encounters. This isn't for police officers etc. 

    For the carry how you want comments, I don't need to check with a lawyer. The statute doesn't differentiate between open and conceal carry.... so you literally have the option for either. NJ doesn't have a conceal stipulation. 

    I'm not sure how this leads to reckless endangerment unless you have an example to share. 

    There is only one HQC in New Jersey.  While used by police, there is nothing in there that particularly pertains to police.  No arresting, handcuffing etc.  It is simply about demonstrating that you can safely and effectively  use a handgun defensively.  It has been used for decades by unsworn people like armored car drivers, armed security and anyone else with a need to protect themselves in NJ.

    I think it is safe to say that carrying will be restricted to concealed in all but the most rural jurisdictions, along with possibly hunting or fishing.

    If you are carrying a loaded firearm in public, you need to have the number of a firearms attorney in your cell phone or wallet.  You have the right to bear arms.  In New Jersey, you do not have the right to self defense.  Discharging the firearm, drawing it or even exposing it in public will get you arrested, regardless of the circumstances.  This is an anti-gun state.

    Carrying a loaded handgun in a horizontal shoulder holster can be considered reckless endangerment, since the muzzle will be pointing at anyone behind you.

    The mandatory training leading up to qualification will include use of force in New Jersey.  As I stated above, you do not have the right to self defense.  This is not Pennsyltucky.  Everything is against you in this state.  You now have to become the most humble and polite person in the world.  While it may be considered self defense to use a firearm to stop a knife attack, it doesn't count if you are the one that provoked the confrontation or escalated it.  You will be the one charged with manslaughter.

     

     

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  21. 22 minutes ago, Regular Guy said:

     NJSP provides their requirements in a downloadable instruction document on the same page as the SP 642 HERE  

    To prove qualification, it says the instructors name and certification number are needed.  So what governing body or agency certifies instructors that are acceptable to NJSP?  Are NRA instructors authorized or must they be certified though some other means in order to proctor the qualification we need?

    If the HQC is still the standard, there are several instructor certifications that are acceptable.   Obviously, the NJ PTC is at the top of list.  The rest of the list would include  the instructor courses by Federal agencies. NRA Police Instructor Course as well as police instructor Courses by some of the big firearms manufacturers. 

     

    Again, check with the agency that will be processing your application to see what they will accept. 


  22. 32 minutes ago, JackDaWack said:

    They're not wrong, IMO. 

     

    The qualifications are for accuracy and safety, not firearm handling proficiency. It's bad enough NJ is setting the bar so high, we don't need to proliferate that. 

     

     

    Unless the law differentiates you carry how ever you want. 

    The HQC is for proving proficiency in the defensive use of a sidearm.   You have to demonstrate safety and accuracy under stress, in situations that simulate real life encounters. 

    As for carrying any way you want, check with your lawyer on that one.  Some methods can be considered reckless endangerment.  Remember, we fight the way we train.

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