Real home defense situations & NJ Law...

[lexcruiser 12]

Just curious... is there an aggregate or archive somewhere (on this site or otherwise) which captures news reports or stories about home defense situations in NJ involving the homeowner's firearm?

 

What is the usual outcome if an intruder is hurt or killed by the homeowner? The more I read, the more I feel like the gun laws protect the "criminal" more than the victim here.

 

Should I be afraid to protect myself in my own home? I understand that I can't go after someone in my house, but what about situations where I lock my bedroom door, call the police, but the assailant is trying to bash down my bedroom door?

 

Or worse yet, if I had children and move out of my bedroom to protect them?

[67gtonut 847]

My opinion.....

 

Do what you gotta do.....

 

Better to be judged by 12 then carried out by 6....

[Malsua 1,422]

There is a castle doctrine in NJ.

 

If you are under threat, you can defend yourself INSIDE your home. If the guy is breaking in a window, wait till he's inside.

 

Shoot to stop the threat. When the police arrive, remain silent, ask for an attorney and do not consent to anything.

 

There are some thread you may want to read:

 

viewtopic.php?f=19&t=2674&p=30401&hilit=castle#p30401

 

viewtopic.php?f=9&t=3301&hilit=castle

[lexcruiser 12]

Thanks for the links Malsua..

Was wondering also if there are any news stories or actual "real life" situations where this took place and what the outcome was for the person who had to make this ultimate decision to take someone else's life.

 

I hope to never be in this situation, but I also don't want to 2nd guess myself if it ever comes down to it. Who knows, that half a second hesitation on my part if this were to ever happen may literally mean life or death to me and my family...

 

What a crappy thing to have to think about.. :|

[tommy3rd 132]

Be careful though. There's a section 2C:3-6 use of force in defense

of premises or personal property.section d says use of DEADLY force in defense

of personal property is not justified unless justified under

another provision of the chapter. It basically says if they're

just stealing something, you can't just blow them away.

I'll attach the whole code when I get a chance.

[NJ609 22]

At the end of the day, I don't think anyone wants to cause harm. (Meaning those of us here.)

 

But it is your job not to allow yourself or your family to be hurt, murdered, etc. That's the cold reality. That is what you are working to prevent by neutralizing the threat.

[67gtonut 847]

Be careful though. There's a section 2C:3-6 use of force in defense

of premises or personal property.section d says use of DEADLY force in defense

of personal property is not justified unless justified under

another provision of the chapter. It basically says if they're

just stealing something, you can't just blow them away.

I'll attach the whole code when I get a chance.

 

If I see a weapon..... I will be " in fear of my life " ..... I will shoot to kill.... sorry, that is a cold hard fact....

[coldsolderjoint 84]

Be careful though. There's a section 2C:3-6 use of force in defense

of premises or personal property.section d says use of DEADLY force in defense

of personal property is not justified unless justified under

another provision of the chapter. It basically says if they're

just stealing something, you can't just blow them away.

I'll attach the whole code when I get a chance.

 

If I see a weapon..... I will be " in fear of my life " ..... I will shoot to kill.... sorry, that is a cold hard fact....

 

Shoot to stop the threat. If the situation requires you to kill the bad guy.. then so be it.

[67gtonut 847]

Exactly..... 2 shots - center mass..... Assess the situation.... if threat still exists.... 2 more center mass. NEVER A HEAD SHOT.... that shows intent to kill....

[KpdPipes 388]

There is a castle doctrine in NJ.

 

If you are under threat, you can defend yourself INSIDE your home. If the guy is breaking in a window, wait till he's inside.

 

Shoot to stop the threat. When the police arrive, remain silent, ask for an attorney and do not consent to anything.

 

There are some thread you may want to read:

 

viewtopic.php?f=19&t=2674&p=30401&hilit=castle#p30401

 

viewtopic.php?f=9&t=3301&hilit=castle

 

Dont give Legal Adivice if you arent an attorney. there IS some infomration you will have to give the officers, such as your id. When it comes to the Incident, what you need to say is something on the order of the following. "Im Sorry officer/Sgt/Lt/Det/Whatever, i realize you have a job to do, and I am not trying to make it harder, but im not comfortable making any statements relative to what happened without an attorney present for my own protection. I will willingly go with you, but i do not waive my right to remain silent until i have counsel present."

 

Playing the silent game is njust going to piss people off.

[Malsua 1,422]

 

Dont give Legal Adivice if you arent an attorney.

 

Quoting Evan Nappen, not giving legal advice. Advice on the internet is worth as much as you paid for it. The key is basically, to remain silent about the incident not sit there like a lump.

 

there IS some infomration you will have to give the officers, such as your id. When it comes to the Incident, what you need to say is something on the order of the following. "Im Sorry officer/Sgt/Lt/Det/Whatever, i realize you have a job to do, and I am not trying to make it harder, but im not comfortable making any statements relative to what happened without an attorney present for my own protection. I will willingly go with you, but i do not waive my right to remain silent until i have counsel present."

 

 

Perfectly reasonable.

[Guest]

If I see a weapon.....

 

while i am certainly not qualified to offer ANY legal advice.. what i can say is this.. through a fairly lucky set of circumstances i have taken some pretty intensive classes that focus on self defense.. armed.. unarmed.. etc.. and without getting into GREAT detail i will say this.. if i am ever forced to draw a firearm onto a person who has unlawfully entered my home, and they make ANY hand movement short of putting both hands straight up into the air (read that as ANYTHING that MIGHT be "reaching" for something) i would likely feel in danger of my life, because waiting till that weapon is produced may cost you OR your loved ones their lives..

[NJgunowner86 0]

If I see a weapon.....

 

while i am certainly not qualified to offer ANY legal advice.. what i can say is this.. through a fairly lucky set of circumstances i have taken some pretty intensive classes that focus on self defense.. armed.. unarmed.. etc.. and without getting into GREAT detail i will say this.. if i am ever forced to draw a firearm onto a person who has unlawfully entered my home, and they make ANY hand movement short of putting both hands straight up into the air (read that as ANYTHING that MIGHT be "reaching" for something) i would likely feel in danger of my life, because waiting till that weapon is produced may cost you OR your loved ones their lives..

 

THIS.

 

All it takes is half a second and a coat pocket, how could anyone - homeowner or lawmaker - know it's a candy bar or a 9mm that's coming out, until it's too late to matter.

[GoNRA 12]

Exactly..... 2 shots - center mass..... Assess the situation.... if threat still exists.... 2 more center mass. NEVER A HEAD SHOT.... that shows intent to kill....

 

or your a bad shot, and he can't testify against you.

[Dewhitewolf 8]

All it takes is half a second and a coat pocket, how could anyone - homeowner or lawmaker - know it's a candy bar or a 9mm that's coming out, until it's too late to matter.

 

Maybe it's a high-capacity candy bar, with more than 15 peanuts in it!