Matt 0 Posted February 17, 2010 I can't seem to find it anywhere, anyone have a link? Is NJ castle doctrine? Quote Share this post Link to post Share on other sites
Malsua 1,422 Posted February 17, 2010 I can't seem to find it anywhere, anyone have a link? Is NJ castle doctrine? here: viewtopic.php?f=19&t=2674&p=30401&hilit=castle#p30401 here: viewtopic.php?f=9&t=3301&hilit=castle Quote Share this post Link to post Share on other sites
Matt 0 Posted February 17, 2010 I can't seem to find it anywhere, anyone have a link? Is NJ castle doctrine? here: viewtopic.php?f=19&t=2674&p=30401&hilit=castle#p30401 here: viewtopic.php?f=9&t=3301&hilit=castle Thank you. Why in the first post do people seemed worried about no stand your ground law? Doesn't stand your ground really only apply if you can carry? Quote Share this post Link to post Share on other sites
Malsua 1,422 Posted February 17, 2010 Stand your ground can also be applied to someone who runs up when you're about to get in your car. You could legally be on your property, carrying, yet you still have a duty to retreat. Stand your ground also also you to draw down on someone breaking into your garage/shed/car, whatever. For example, you see someone breaking into your car. You are not allowed by law to confront them armed with a weapon. Without a weapon, you're perfectly within your rights to go yell at them and put yourself into harms way. The key word is dwelling. Within your dwelling, you are allowed to use deadly force if you're threatened with serious harm. The moment you cross the threshold of your door, you're at massive legal risk. You could own 200 acres in the pinelands but you're only legally allowed to protect the 30'x30' plot that your house sits on. Everything else is "call the cops while the thieves make off with it" Quote Share this post Link to post Share on other sites
Matt 0 Posted February 17, 2010 Stand your ground can also be applied to someone who runs up when you're about to get in your car. You could legally be on your property, carrying, yet you still have a duty to retreat. Stand your ground also also you to draw down on someone breaking into your garage/shed/car, whatever. For example, you see someone breaking into your car. You are not allowed by law to confront them armed with a weapon. Without a weapon, you're perfectly within your rights to go yell at them and put yourself into harms way. The key word is dwelling. Within your dwelling, you are allowed to use deadly force if you're threatened with serious harm. The moment you cross the threshold of your door, you're at massive legal risk. You could own 200 acres in the pinelands but you're only legally allowed to protect the 30'x30' plot that your house sits on. Everything else is "call the cops while the thieves make off with it" Understood. These are the things that make me miss living in CT, where I could carry, buy as many guns a month as I wanted, own a 30 round magazine, had a good state constitution as well as castle doctrine and stand your ground laws, and still be within an hour commute of NYC! Those days are over though, guess its time to adapt. Quote Share this post Link to post Share on other sites
Dewhitewolf 8 Posted February 17, 2010 NJ's self defense law is very complex and cannot realistically be summarized in a few sentences. The statute for use of force in self defense is 2C:3-4. For defending another person, it is found in 2C:3-5. For use of force to protect premises or personal property, 2C:3-6. You can look these statutes up in the state legislative webpage. http://lis.njleg.state.nj.us/cgi-bin/om ... Frame_Pg42 After reviewing these statutes, you should also contact an attorney. The statutes do not include any provisions from the state administrative code, attorney general guidelines (either of which can expand or limit the meaning or scope of the laws), nor does it include any case law. NJ Firearms Academy offers a course in Use of Force and Force Options. www.njfirearms.com Quote Share this post Link to post Share on other sites
KpdPipes 388 Posted February 17, 2010 NJ's self defense law is very complex and cannot realistically be summarized in a few sentences. The statute for use of force in self defense is 2C:3-4. For defending another person, it is found in 2C:3-5. For use of force to protect premises or personal property, 2C:3-6. You can look these statutes up in the state legislative webpage. http://lis.njleg.state.nj.us/cgi-bin/om ... Frame_Pg42 After reviewing these statutes, you should also contact an attorney. The statutes do not include any provisions from the state administrative code, attorney general guidelines (either of which can expand or limit the meaning or scope of the laws), nor does it include any case law. NJ Firearms Academy offers a course in Use of Force and Force Options. http://www.njfirearms.com Ag Guidelines are only Binding on Law Enforcement, not the General Public...... Funny thing about them, while they're called "Guidelines" if we violate them, they might as well be Holy Writ.... Not that many of them actually make any sense. Quote Share this post Link to post Share on other sites
GoNRA 12 Posted February 18, 2010 Stand your ground can also be applied to someone who runs up when you're about to get in your car. You could legally be on your property, carrying, yet you still have a duty to retreat. Stand your ground also also you to draw down on someone breaking into your garage/shed/car, whatever. For example, you see someone breaking into your car. You are not allowed by law to confront them armed with a weapon. Without a weapon, you're perfectly within your rights to go yell at them and put yourself into harms way. The key word is dwelling. Within your dwelling, you are allowed to use deadly force if you're threatened with serious harm. The moment you cross the threshold of your door, you're at massive legal risk. You could own 200 acres in the pinelands but you're only legally allowed to protect the 30'x30' plot that your house sits on. Everything else is "call the cops while the thieves make off with it" it's my duty to retreat? couldn't arguing the 1st sentence of the NJ Constitution about defending of ones property hold water. Quote Share this post Link to post Share on other sites
67gtonut 847 Posted February 18, 2010 Stand your ground can also be applied to someone who runs up when you're about to get in your car. You could legally be on your property, carrying, yet you still have a duty to retreat. Stand your ground also also you to draw down on someone breaking into your garage/shed/car, whatever. For example, you see someone breaking into your car. You are not allowed by law to confront them armed with a weapon. Without a weapon, you're perfectly within your rights to go yell at them and put yourself into harms way. The key word is dwelling. Within your dwelling, you are allowed to use deadly force if you're threatened with serious harm. The moment you cross the threshold of your door, you're at massive legal risk. You could own 200 acres in the pinelands but you're only legally allowed to protect the 30'x30' plot that your house sits on. Everything else is "call the cops while the thieves make off with it" it's my duty to retreat? Outside your home.... Yes..... Quote Share this post Link to post Share on other sites
Malsua 1,422 Posted February 18, 2010 it's my duty to retreat? couldn't arguing the 1st sentence of the NJ Constitution about defending of ones property hold water. Yes, it is your DUTY to retreat in the face of a threat. The statutes don't speaks to a citizen's response to a threat when unarmed as far as I can tell so you're probably legally fine taking a bullet but don't think about protecting yourself outside of your dwelling. Quote Share this post Link to post Share on other sites
rscalzo 3 Posted February 18, 2010 Over the years case laws has modified the application of all laws. Simply reading the statute as written, possibly many years ago and using them in a real world situation is ripe for serious problem. Use of force in the protection of property has been the subject of many cases and one would be smart to gather documents covering these areas. Quote Share this post Link to post Share on other sites