Brady Bunch comes to NJ

[halbautomatisch 60]

OK let's summarize

 

Inside your home: No retreat necessary, use of force permitted (including deadly force) IF YOU FEEL THREATENED or SOMEONE ELSE IS THREATENED ONLY. If you are home alone and you shoot an intruder in the back inside your house, you are most likely going to have a problem unless you can demonstrate there was an active threat.

 

On you property: Must retreat if possible before force of any kind can be used.

 

In public places or someone else's property: Must retreat if possible before force of any kind can be used.

[njJoniGuy 2,131]

Edit to add: Force is force.

Just like CCW is open carry is cased carry here in the Glorious PRNJ

[PeteF 1,044]

Our state courts have a reputation of creatively making sh*t up.

 

Fixed that for you.

[Anselmo 87]

Thank you Malusa for your stamina.

 

How does one define an "active threat"? An intruder in my home is an active threat. If I scare them by brandishing a weapon and as they are running out my door I shoot them in the back, then I probably violated the NJ law. But, if the intruder is standing in my family room with his back to me and doesn't show any signs of running out my door, the law requires that I have complete safety and I have no reason to retreat. Use of force is justified. If it's a 10 year old 100 pound retarded kid from next door and you're a 250 pound linebacker... things get murkier.

 

Guy pulls a knife and demands your wallet, you can't assume you have complete safety. Use of force is justified.

 

Guy grabs your wife's purse and runs away, you can assume complete safety and use of force is not justified.

 

My interpretation.

[joecs1 11]

I highly recomend people take a "use of Force" class. As the laws are defined in NJ.....we must retreat if poss or meet Force with equal force if retreat is not poss or safe to do so. This is extremely complicated to explain and even in a class they will explain that there is some "grey area" in this definition. I have taken the course and will prob refresh in the next year. I do carry a gun in my store every day. I believe if any one plans on ccw, they should seek professional training. Especially here in NJ, where the libs will hang you for being in a "grey area"!!! This is why a "REAL CASTLE DOCTRINE" BECOMES VERY IMPORTANT! J

[Dan 177]

My interpretation of NJ self defense inside the home is that you have to have a a good reason to feel that you and/or others in your home are under threat of bodily harm in order to use deadly force. Inside your home, you are not legally obligated to give up property or retreat even if you think it would enable you to avoid the said threat (as opposed to outside your home).

 

Theoretically, if a drunk stumbled into your house via an unlocked door, passed out on your living room floor... You woke to find him there in the morning, you can't go shooting the guy on the floor even though he violated your premise. He poses no threat passed out on the floor. Same goes if someone walked in grabbed your wallet, and was on the way out when you found them. They see you and run for the door... you can't go shooting them in the back. Try to justify that you were under threat of bodily harm...

 

Now if the drunk got up and you told him to get out aiming your pistol at him, and he starts coming at you ignoring your demands... then I would say you can argue he was looking to do some damage to you, especially since if he overpowers you he will now have the pistol. Since you are under no obligation to retreat in your own home, deadly force would probably be justifiable to protect yourself and others in the home.