Where to find laws regarding use of deadly force?

[Matt 0]

I can't seem to find it anywhere, anyone have a link? Is NJ castle doctrine?

[Malsua 1,422]

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

[Matt 0]

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?

[Malsua 1,422]

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"

[Matt 0]

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.

[Dewhitewolf 8]

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

[KpdPipes 388]

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.

[GoNRA 12]

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.

[67gtonut 847]

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.....

[Malsua 1,422]

 

 

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.

[rscalzo 3]

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.