Any chance for a strong castle doctrine coming to NJ

[BCeagle 12]

I would think with Christie in we might be able to get something in. I think a real issue is immunity from civil suits.

[NickySantoro 211]

I would think with Christie in we might be able to get something in. I think a real issue is immunity from civil suits.

 

The key is how you would handle the aftermath of an unpleasant encounter. If you believed in your heart that you acted honorably, you would have to determine if you wish to have some state appointed meatwhistle determine if you would be prosecuted into poverty or would you prefer to save yourself from crucifixion on a political cross.

I know someone, let's call him "Ricky", who bought a body bag years ago at a fun show and would leave a deceased miscreant in said bag in a remote area and thus avoid complications. This, of course, is pure supposition and is only presented as a point of discussion.

[BCeagle 12]

I think I a ok from prosecution, I worked with my county's head prosecutor and am good family friend's with on of the best crim defense attorney in the state. I am worried about wanting to kill the victim's family if they tried to sue me.

 

Oh and no body bag, just lots of lime.

[Guest]

NJ wants you to be crouching in the farthest corner of your house cowering in fear.

Never mind that when someone comes to my house there is a glock 30 on them without them knowing it.

In NJ you are basically screwed or 1 step from being a criminal if you own guns in this state, its DISGUSTING.

 

ANd what baffles me more is that NJ voters DONT GIVE A SHIT and are content to let the legislature run away with your lives.

 

If your governor is pissed, you better be pissed too.

[Joeybones 1]

"Never mind that when someone comes to my house there is a glock 30 on them without them knowing it."

 

How will you know someone is in your house ? Can you see the future and know when this person is comming ? Or are you assuming they will make enough noise to alert you but you won't make enough noise to alert them ?

 

Not trying to pick a fight but we all seem to have preconceived notions of how a break in will happen in our homes. Who's to say we won't be on the short end of a glock.

[Old School 611]

NJ wants you to be crouching in the farthest corner of your house cowering in fear.

.

 

 

I said this a couple of months ago and got reamed. But I agree.

 

No problem, back againt the wall in the bathroom. Come on in!

[joejaxx 38]

I have been watching this bill since it popped up during my browsing of the proposed bills back in January.

 

A421 The "New Jersey Right to Home Defense Law."

 

This bill, the "New Jersey Right to Home Defense Law," authorizes a person to use force, including deadly force, in those instances where the person reasonably fears imminent peril of death or serious bodily harm from an intruder or attacker in his home or residence.

 

The bill sets forth the circumstances under which a person is presumed to have a reasonable fear of imminent peril of death or serious bodily harm. Those circumstance include instances where a individual: (1) is in the process of unlawfully and forcefully entering a home or residence; (2) has unlawfully and forcibly entered a home or residence; or (3) has removed, or is attempting to unlawfully remove another, against that person's will, from a home or residence; or (4) when the actor knows or reasonably believes that an unlawful and forcible entry is occurring or has occurred; or (5) when the actor knows or reasonably believes that an unlawful and forcible act is occurring or has occurred.

 

The bill clarifies that a person presumed to have a reasonable fear of imminent peril of death or serious bodily harm to himself or another in his home or residence has no duty to retreat and is justified in using force, including deadly force, if he reasonably believes it is necessary to do so to prevent death or serious bodily harm to himself or another.

 

Finally, the bill provides immunity, both criminal and civil, for any person who is justified in using force. Under the bill, the court is authorized to award reasonable attorney's fees, court costs, compensation for loss of income and all expenses incurred by a defendant who is wrongly subject to a civil action.

 

http://www.njleg.state.nj.us/2010/Bills/A0500/421_I1.HTM

[BCeagle 12]

I have been watching this bill since it popped up during my browsing of the proposed bills back in January.

 

A421 The "New Jersey Right to Home Defense Law."

 

This bill, the "New Jersey Right to Home Defense Law," authorizes a person to use force, including deadly force, in those instances where the person reasonably fears imminent peril of death or serious bodily harm from an intruder or attacker in his home or residence.

 

The bill sets forth the circumstances under which a person is presumed to have a reasonable fear of imminent peril of death or serious bodily harm. Those circumstance include instances where a individual: (1) is in the process of unlawfully and forcefully entering a home or residence; (2) has unlawfully and forcibly entered a home or residence; or (3) has removed, or is attempting to unlawfully remove another, against that person's will, from a home or residence; or (4) when the actor knows or reasonably believes that an unlawful and forcible entry is occurring or has occurred; or (5) when the actor knows or reasonably believes that an unlawful and forcible act is occurring or has occurred.

 

The bill clarifies that a person presumed to have a reasonable fear of imminent peril of death or serious bodily harm to himself or another in his home or residence has no duty to retreat and is justified in using force, including deadly force, if he reasonably believes it is necessary to do so to prevent death or serious bodily harm to himself or another.

Finally, the bill provides immunity, both criminal and civil, for any person who is justified in using force. Under the bill, the court is authorized to award reasonable attorney's fees, court costs, compensation for loss of income and all expenses incurred by a defendant who is wrongly subject to a civil action.

 

http://www.njleg.state.nj.us/2010/Bills/A0500/421_I1.HTM

 

I think you need to take out the last clause and say that there is a presumption that he reasonably feels it is neccessary tp prevent death and I dont think it should be serious harm, just harm. Basically, if someone is in your house unlawfully, fire away. Your home should be your safe haven and not give birth to second guessing attorneys.

[SpecOps2087 3]

Law or not, if a robber is in my home when I'm home...he's a dead man

[Cylinder Head 22]

My bedroom is on the 3rd floor of my house. I'm not going out the window. I have no means of escape, god forbid something happens.

[nott 0]

I think you need to take out the last clause and say that there is a presumption that he reasonably feels it is neccessary tp prevent death and I dont think it should be serious harm, just harm. Basically, if someone is in your house unlawfully, fire away. Your home should be your safe haven and not give birth to second guessing attorneys.

 

I'm not disagreeing with you here, but this specific wording has a better chance of appealing to a broader audience, which is key. Unfortunately, I don't see this bill passing one way or another.

[Guest]

"Never mind that when someone comes to my house there is a glock 30 on them without them knowing it."

 

How will you know someone is in your house ? Can you see the future and know when this person is comming ? Or are you assuming they will make enough noise to alert you but you won't make enough noise to alert them ?

 

Not trying to pick a fight but we all seem to have preconceived notions of how a break in will happen in our homes. Who's to say we won't be on the short end of a glock.

 

Good point, but those of us who show up at our doors with glocks have probably thought of this.

There for every window and door has bells on them. Try opening them without making noise.

I live in a building, there is 1 door to my condo, and a nice choke point for me to use as well.

if you can get in by scaling the side of the building, well there is no point in shooting spiderman.

[KpdPipes 388]

I have been watching this bill since it popped up during my browsing of the proposed bills back in January.

 

A421 The "New Jersey Right to Home Defense Law."

 

This bill, the "New Jersey Right to Home Defense Law," authorizes a person to use force, including deadly force, in those instances where the person reasonably fears imminent peril of death or serious bodily harm from an intruder or attacker in his home or residence.

 

The bill sets forth the circumstances under which a person is presumed to have a reasonable fear of imminent peril of death or serious bodily harm. Those circumstance include instances where a individual: (1) is in the process of unlawfully and forcefully entering a home or residence; (2) has unlawfully and forcibly entered a home or residence; or (3) has removed, or is attempting to unlawfully remove another, against that person's will, from a home or residence; or (4) when the actor knows or reasonably believes that an unlawful and forcible entry is occurring or has occurred; or (5) when the actor knows or reasonably believes that an unlawful and forcible act is occurring or has occurred.

 

The bill clarifies that a person presumed to have a reasonable fear of imminent peril of death or serious bodily harm to himself or another in his home or residence has no duty to retreat and is justified in using force, including deadly force, if he reasonably believes it is necessary to do so to prevent death or serious bodily harm to himself or another.

Finally, the bill provides immunity, both criminal and civil, for any person who is justified in using force. Under the bill, the court is authorized to award reasonable attorney's fees, court costs, compensation for loss of income and all expenses incurred by a defendant who is wrongly subject to a civil action.

 

http://www.njleg.state.nj.us/2010/Bills/A0500/421_I1.HTM

 

I think you need to take out the last clause and say that there is a presumption that he reasonably feels it is neccessary tp prevent death and I dont think it should be serious harm, just harm. Basically, if someone is in your house unlawfully, fire away. Your home should be your safe haven and not give birth to second guessing attorneys.

 

The standard for LE to use Deadly force, is the threat of "Serious Bodily Injury". the way the Assault statute is written used that specific verbiage, you arent going to see this change that wording.