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leahcim

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Posts posted by leahcim

  1. Posted

    I could imagine a double tap where the guy spins around for the 2nd shot.  If you really fear for your life I can see emptying a 15 round magazine as the guy spins around.  I mean if someone is in your house, uninvited, at night, then I would be pretty fearful that they intended harm.

     

    Outside the home I believe the duty to retreat applies only in the use of deadly force; but not if you know that you can safely retreat.  If you are outside of the home and threatened, and you have no safe means of egress (e.g. you are cornered or surrounded).  Burden is upon the state to prove that you knew that you could safely retreat.

     

    From State v. Martinez:
    justifiable if "[t]he actor knows that he can avoid the necessity of using such force with complete safety by retreating...." N.J.S.A. 2C:3-4b(2)(b). An exception to this doctrine of retreat, however, is that no duty to retreat is imposed upon a person who, free from fault in bringing on a difficulty, is attacked at or in his dwelling house. N.J.S.A. 2C:3-4b(2)(b)(i); State v. Bonano, 59 N.J. 515, 518-519 (1971).

     

    Furthermore, from State v. Martinez case law would indicate that the "no duty to retreat inside the home" extends to one's porch (don't know about decks or patios though):

    The defendant may, under our law, meet the assailant at the threshold of the home and prevent him from entering by any means, including deadly force. Under such circumstances, the homicide is justified and the defendant would be entitled to an acquittal.

    In State v. Bonano, supra, the Supreme Court was confronted with the issue of "whether, and under what circumstances, a man must retreat when confronted by an assailant, before he may justifiably kill another in his own defense." Id. 59 N.J. at 518. The Court adhered to the "well nigh universal rule" that a man is not bound to retreat from his dwelling house. Id. at 519. Moreover, the Court held that "[a] porch or other similar physical appurtenance is deemed to come within this concept." Id. at 520. In Bonano, the Court concluded that the defendant was entitled to a charge to the effect that if the defendant was standing at his own doorway when the victim approached, drew a knife and threatened to kill the defendant, and if the defendant reasonably believed he was in danger of losing his life or suffering serious bodily harm, then the defendant was under no duty to retreat but might stand his ground and resist the attack even to the extent of employing deadly force. Id. at 521.

     

    A cautionary word, Martinez was decided in 1989, much has changed in 25 years!  But the state still has burden of proof, and I think this case would be decided favorably in NJ even today.

  2. Posted

    I  have found that with window A/C units, they tend to develop a moldy smell after a year or two of use.  I am pretty sure that water in the condensate pan in a low-light part of the unit combined with indoor air of most homes (unless your home is an ISO 4 clean room) will tend to create an environment that is hospitable to mold growth.  I have noticed some of the older ductless units where I work appear to have visible mold on the louvers.  The UV lights are the same ones that are used in water purification systems to kill various microorganisms.

     

    That being said, my window unit was stored in the garage and not used during the off season, whereas I can run the ductless in heat mode during the winter to dry it out.  I have also looked at a product that is placed in the condensate pan which is supposed to reduce the scum buildup and prevent drain clogs.  I forget the name, but it looks like a piece of high-density foam. 

  4. Posted

    I am happy with the single 18K unit that cools the main areas of my house (south facing kitchen and dining, north facing LR--about 800 SF).  I just installed an Intermatic SPD (Compressor defender) at the disconnect as well as a new whole house SPD (Leviton) at the breaker box.  Hopefully it will give me some protection against electrical surges.

     

    I will probably buy a three-zone ductless system next spring to cool the bedrooms.  One 24K compressor with three Freon circuits to 3x9000 BTU air handlers.  It is probably the best option--or the least invasive option anyway--if you do not already have ducts.  And if you do the grunt work yourself and hire an A/C company to do the final, you can save a few hun to a few thou.  Most quoted me $115/hr to $165/hr.  I figure it will probably take me twice as long, but I will probably be more conscientious.  So $80+/hour after taxes is worth my time.

     

      The H&H have not been bad this year, but usually I need something to at least cut the humidity down.  We were using a window A/C, which kept things just comfortable.  Biggest differences (besides the obvious of having our window back) was how quiet these things are.  I was concerned about compressor placement for noise, but on the next one I would have no qualms placing right outside a bedroom window.  It is so quiet.  And the indoor unit is really quiet too.  Much better than the window unit, and even quieter than most central systems IMHO.  Also the better evenness and distribution of the cooling is real nice.

  5. Posted

    I went through several Frigidaires and Maytags (IIRC) that woudl crap out affter 1-2 years.  I now have an LG (60 or 70 pt I beleive) that has been in service for years.

    It has an anti-ice feature that seems to work pretty well--others would ice up when the temp dropped much below 60.

     

    I have it mounted on a high shelf and gravity drain to the washing machin drain pipe.  Although I am sure a condensate pump would work well.

    Only problem I had with this is that when I first hooked up the hose drain the bucket filled up after a few days.  Took me a few minutes to figure out that the condensation pan was not properly slanted toward the drain pipe outlet, and some of the condensate would overflow on the opposite side.  I had to put about 1/8" of shim under the right side to tilt it enough and alleviate this issue.  After that I have not had any issues.

  6. Posted

    I just installed a ductless Gree Terra series (18K).  The brand is Chinese, but this model uses a Mitsubishi compressor.

    The compressor and air handler cost around $1350.  Maybe $300 additional for line-set, electrical wire, whip, breakers, disconnect, drain line, etc. Was really easy to install--despite the fact that I mis-measured my wall penetration and had to re-do that (measure once, cut twice?); but I was able to mostly subsume the smaller hole into a slightly larger one, so you can't really tell.

     

    I had an A/C guy cut and flare the lines to length, leak check, evacuate and charge (about $250).  I was wary of even bending the lines myself, so I had hime do that too.  But I would not hesitate to do that on the next installation.  Just go easy and work in small pieces at a time with large radii.  The unit works great so far.  I like the fact that they use a DC compressor motor, so the compressor is essentially infinitely variable and provides more or less cooling based on the delta.  So you don't get a huge blast of cold air on and off.  Once it reaches the target temp it seems to just stay on at a very low cooling level to maintain the temperature.  I would think that is good for compressor/motor life and efficiency.  Now I just need to install the surge-protection device at the disconnect.

     

    I have hot-water baseboard heat, so a central a/c would have been fairly intrusive.  I am now looking at a 3-zone unit for the bedrooms.

     

    Bought from comfortup.com.  I was very happy with the service.  When the unit arrived I noticed a small dent in the compressor box (my wife had accepted it from the delivery company).  It did not look too bad, but when I opened it the compressor had a small indent on one of the corners.  I considered keeping it, but with all the fins and piping and high pressure  I was not willing to take the chance that it was only cosmetic.  I contacted the company and sent pictures.  They had a BOL for return shipment and a replacement unit on the road the same day.  I had called it in on Tuesday and the replacement was delivered Friday!  And customer service was very pleasant to deal with.

  7. Posted

    I have had the Hero 2 for a few years and I like it, but thinking of upgrading as the early units lack many of the features in the latest issues, such as wifi.

     

    What video editing/production software do you use.  I have used the GoPro Cineform, Microsoft movie maker, and a few others.  Obviously with the free stuff YGWYPF, and so I really can't complain considering the cost.  However, I do find the free stuff I have used to be a little tedious, and would like to consider getting something better.  Trying to figure out if I need to spend hundreds for Adobe Premiere Pro, or something in between.  Curious what others are using.

  8. Posted

    http://www.mysanantonio.com/news/local/article/Man-s-arrest-during-armed-stroll-prompts-gun-rally-5368425.php

     

    Interesting story.  I heard about this on KTSA yesterday.  Open Carry Texas (https://www.facebook.com/OpenCarryTexas) claims State law proscribes local law from infringing on the state OC right.  I hope this guy will provide case law to support that.

     

    Here is the video:

    http://www.youtube.com/watch?v=7hCONc6Va8I

     

  9. Posted

    I dunno man, Gacy raped and killed 30+ teenage boys  and buried most of them under his own house in a crawl space... I can understand maybe kept alive, but not safe or well cared for.... If they are getting life, let them do life in general population with all the rest of the inmates... keeping them locked tight safely in a cell all by themselves, for years and years until they die alone is not justice.  That is just taking a problem, locking it in a closet and forgetting about it. 

    Well, I would bet that general pop. would be tantamount to the death penalty for Gacy and his ilk.  And in his case, pretty sure that kind of punishment would fit the crime.

     

    I do not have a problem with the death penalty per se--if someone has committed that type of crime, DP would certainly preclude recidivism.

     

    My biggest concern with the DP is the irreversibility.  Starting from that fact, the argument goes that you better be very certain of guilt, which means lots of appeals and access to counsel (paid for by the state if defendant cannot afford it), etc.  And even then, in all but a handful of super-egregious cases, can you really be 100% certain?  This is why the cost to execute is going to be very high, and when properly applied, will only yield a small fraction of the eligible criminals for death.  Due to these issues, I have no doubt that a number of innocent people have been executed (the Innocence project probably knows of a few).

     

    That being said, I still think that anyone who commits a death-penalty eligible crime should be locked up until they are dead, probably in PC--depending on the crime.  They should never again be allowed even the chance to hurt another person and they should never again see the light of day.  Plus severe restrictions on their activity (e.g. minimal food, no access to media or the outside world, and no books other than legal references and books, and maybe faith-based materials)

  10. Posted

    As the parent of a child with Asperger's, I can tell you that Asperger's was not the cause of this tragedy.  Nor was "lax gun control".   No one can argue that either New Jersey, where he lived, or Connecticut, where it occurred, have "lax" gun laws.  Both states have some of the strictest gun control laws in the country, as everyone on this forum is well aware.

     

    For the media, or anyone else, to point a finger at Asperger's  as a cause, is ridiculous.  This comes down to a need for mental health treatment and a mother's refusal to recognize problems in her son.  None of us wants to admit that our children have problems because that would be admitting that we somehow "failed" as parents.  That is not the case, we fail if we refuse to acknowledge the fact that our children have flaws. 

    The father says that in the interview.  That Aspergers was not the cause of this, but may have masked an underlying disorder.  Since he has the Asperger's diagnosis, they would attribute any odd behavior to Asperger's rather than think there could be something else.

     

    "Adam had what was then called Asperger’s syndrome and what would now be autism spectrum disorder,'' Solomon said. "He had a certain amount of autism, and the autism made him as his father said, ‘very weird.’ Because they had a diagnosis, it didn’t occur to them that anything else was wrong."

    And

    "Lanza indicates that he believes Adam's diagnosis of Asperger's syndrome may have masked potential schizophrenia. "

  11. Posted

    Got 4-6 inches in Manchester--don't know if I will be able to get out!  Would have had greater accumulation if it had not been for the rain and warm temperatures that preceded the onset of snow.  As it is, this is pretty crippling.  Might have to wear boots.  At least that is the message I am getting from the TV News.  I would not dare to venture outside in this snowmaggeddon nightmare!

     

    What I do not understand is the news stories about stores selling out of snow shovels and such.  After 10 or 12 or more storms this season?  This many people are just now deciding it might be time to pick up a snow shovel that they did not need for the last dozen snows?

  12. Posted

    And let's not forget that the chairman of the committee (a CCW licensee) stated something to the effect that it took upwards of 30 seconds to change a mag. They're all ignorant.

    I think that statement was just premature--once they institute a bullet-button law requiring a Japanese-puzzle-box-like procedure for extracting a magazine, it will take upwards of 10 minutes to change a mag. 

  14. Posted

    Come join me. :laugh: No permit or training needed to carry openly or concealed.

    Yeah, and you can own toys like suppressors too!  I am out there as soon as I can find an appropriate situation work-wise.  Unfortunately the East coast and Cali seem to have better opportunities with my company.  I love cali, especially eastern cali, but I don't think I could stand the political environment, taxes, etc.

    Where you located?

  15. Posted

    Ten years max and I will retire--but if I can find a position where I can transfer within my company, then I will go sooner.

    Most likely AZ, but Austin, TX, or NM are also options.

     

    Just returned from three weeks in southern AZ--winters are great there--and almost got stuck there for another weekend with the flight cancellations.

    I have been in Yuma during the hot months, and I really don't mind it too much.  It beats the weather we have here right now!

     

    And CCW is a constitutional right there!  I even saw one guy OC an NAA .22 embedded in his belt buckle (one of those tiny derringer-type revolvers)!

  16. Posted

    Article from today's WSJ:

    http://online.wsj.com/news/articles/SB10001424052702304703804579381363263471806?mod=WSJ_hps_sections_news

     

    James Chapin, deputy county counsel for San Diego, defended the policy, saying that "when you're in a county near the border, with gangs and violence, your gun policies tend to be more restrictive." He said that San Diego County Sheriff William Gore "would follow what the legislature and courts ordered."

     

    Typical gun-control BS--Like the gang-bangers and illegal immigrants are going to curtail their carrying due to legal restrictions?

  17. Posted

    2c:39-6

    e.     Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

    I think possession of firearms is de facto illegal in PRNJ, but the law carves out exceptions--exempted places and exempted transport.

  19. Posted

    Shouldn't require a 30 pg thread, look up 2C:58-3.1

    It's annoying, but pretty clear that the owner of the firearm needs to be present during a temporary transfer.

     

    30 was an exageration--there are several threads, longest was only 3 pages  http://njgunforums.com/forum/index.php/topic/60091-hypothetical-home-defense-question/?hl=%2Btemporary+%2Btransfer#entry768642

     

    I know, but it seems to conflict with the exemptions.  Of course, this exception does not specifically apply to 2C:58-3.1, thus the importance of looking at everything in the law.:

      Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

  21. Posted

    2c:39-6

    e.     Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

    I think possession of firearms is de facto illegal in PRNJ, but the law carves out exceptions--exempted places and exempted transport.

    BTW: I would argue that since this exemption says "any firearm," therefore if I transport my wife's HG to the range (without my wife) I would be within the exemption and would not constitue an illegal transfer.  But that is another (30 page) thread ;-)

  22. Posted

    What I would be concerned about is being detained by LEO who maybe does not exactly know the law.  Especially when the NJSP guidelines for transporting firearms into NJ seem to mix both the NJ transport and FOPA transport laws:

    • Shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported, and in the course of travel, shall include only such deviations as are reasonably necessary under the circumstances.

    • The firearm should not be directly accessible from the passenger compartment of the vehicle. If the vehicle does not have a compartment separate from the passenger compartment, the firearm and ammunition must be in a locked container other than the vehicle's glove compartment or console.

    The "not directly accessible" is not mentioned in NJ code for intrastate transport (I believe this is from FOPA for interstate transport).  So, while it may be legal to transport a handgun and charged magazines directly to the range in a ziploc bag on the passenger seat, if you are stopped you may be detained and you may be detained and have the opportunity to talk to a real lawyer ;-)

    While it may be legal, I always transport firearms out of sight, usually in the trunk.

  23. Posted

    words that are defined by law are defined by law..

    and when they are not..

    they reference the accepted dictionary definition of the word...

     

    and who said anything about permanent.. take firing pin removal.. if the law was as vague as you seem to think it is.. a judge could rule that because you had ammo and a gun in the same vehicle it is essentially loaded.. because it could be fired (like your argument about mags).. the judge could declare that you must do something additional like removal of the firing pin.. 

     

     

    This is why I field strip all guns for transport.  I place the lowers in a safe, locked in my trunk, and the uppers in another safe in locked trailer that I tow.  I then seal the trunk lid and trailer doors with JB weld.

    I also remove all firing pins and send them by courrier.

    Ammunition?  I send separate shipments of bullets, primers, brass and powder, and a progressive press to the range via fedex and assemble on site.

     

    Guy at a gun shop mentioned this is considered best practice in order to avoid getting jammed up by the law.  Said he heard it from a guy who read Nappen's book.

  24. Posted

    You don't need a government permit to exercise your First, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, or Tenth Amendment rights...... so why should you need a government permit to exercise your Second Amendment right?

     

    The whole notion of Firearm ID or Gun Owner Endorsement etc is attempting to create a 'white list' of allowed gun owners. This idea is repugnant to the definition of freedom. We should instead maintain a 'black list' of people who are NOT allowed to own guns*, and search the black list in a non-invasive way that DOES NOT LOG THE NAME YOU ARE SEARCHING FOR.

     

    Craft a legal framework that does this, and you'll please both sides of the issue

    If you assume that the bill of rights are human rights, individual rights, and of equal importance.  Is there an approach similar to say the framework that has been crafted around regulation of 1A free speech? vis the four-pronged "time, place and manner restrictions" the SCOTUS has developed to define when govt speech restrictions may be allowed?  i.e. content neutral, narrowly drawn (should be the least restrictive regulation that will still accomplish the stated govt purpose), must serve a significant govt interest, and must leave open methods of communication.  And regulation can vary based on the type of speech:

    "Application of this analysis varies in accordance with the circumstances of each case.The rationale supporting a particular TPM restriction may receive less rigorous scrutiny when the government seeks to regulate speech of lower value such as Obscenity and fighting words. Obscene speech includes most hard-core Pornography, while fighting words include offensive speech that would incite a reasonable person to violence. Conversely, the government must offer "compelling" reasons for regulating highly valued forms of expression, such as political speech. Some speech, such as commercial advertisements, is valued less than political speech but more than obscenity or fighting words. The government may impose reasonable TPM restrictions on this intermediate category of speech only if it can advance a "significant" or "important" reason for doing so." (http://legal-dictionary.thefreedictionary.com/Time,+Place,+and+Manner+Restrictions)

      

    Is it far-fetched to think a similar test can be applied to 2A?  I think the only significant govt interests are to keep guns out of the hands of criminals and crazy people, and to prevent illegal, criminal usage of guns.  Any govt restriction on this human right (2A) needs to be weapon-neutral and must be the least restrictive means to accomplish the govt interest.  For example, registration of all legally owned guns (which really should include any gun owned by any law-abiding citizen; even FA) is not the least restrictive means, and it does not even accomplish the govt. interest, as it only restricts people who follow the law,

  25. Posted

    A securely fastened container in NJ can actually be as simple as wrapped in craft paper with it secured by twine.  You are provided a lock when you buy a gun because that is federal law, nothing to do with NJ transport.  If the gun is in the truck just have it in the back in a closed bag or other container with the ammo in a similar but separate container and you are good to go.

     

    Long guns can go anywhere in the trunk of your car AFAIK as you have an FID card.

    Or a ziploc bag on the passenger seat--although I wouln't recommend it: no one needs to know  you are transporting so keep them out of sight.  But I think it satisfies the letter of the law.

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