Does anyone have any links to documentation of deadly force used in NJ?

[Matt 0]

I would like to read up on some real examples of people using deadly force in their homes and the outcomes (news articles / court cases / whatever). I know we have castle doctrine here but would like to see REAL outcomes of situations were people have been forced to use their guns.

[JohnKimble 4]

Its easy, run to the back of the house, shoot the perp in the front, drop the gun, wait for the cops, get arrested, get gun confiscated for a while for them to 'run tests on' Spend the night in jail, get asked a few questions, answer only with your attorney present, go home the next day and wait to see if the DA wants to prosecute.

Highly unlikely that if it was justified you will get in trouble, but it will cost you about 10k in lawyers.

I think with the supreme court stating 'you have a right to defend your home' you would really be hard pressed to find a jury that is going to convict you of a crime.

Just my take based on what I have seen/know.

[theduke 2]

Id be interested in seeing some examples as well

 

2C:3-4 Use of force in self-protection.

 

 

 

2C:3-4. Use of Force in Self-Protection. a. Use of force justifiable for protection of the person. Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward another person is justifiable when the actor reasonably believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.

b. Limitations on justifying necessity for use of force.

(1) The use of force is not justifiable under this section:

(a) To resist an arrest which the actor knows is being made by a peace officer in the performance of his duties, although the arrest is unlawful, unless the peace officer employs unlawful force to effect such arrest; or

(B) To resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if:

(i) The actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest;

(ii) The actor has been unlawfully dispossessed of the property and is making a reentry or recaption justified by section 2C:3-6; or

(iii) The actor reasonably believes that such force is necessary to protect himself against death or serious bodily harm.

(2) The use of deadly force is not justifiable under this section unless the actor reasonably believes that such force is necessary to protect himself against death or serious bodily harm; nor is it justifiable if:

(a) The actor, with the purpose of causing death or serious bodily harm, provoked the use of force against himself in the same encounter; or

(B) The actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that:

(i) The actor is not obliged to retreat from his dwelling, unless he was the initial aggressor; and

(ii) A public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape is not obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed.

(3) Except as required by paragraphs (1) and (2) of this subsection, a person employing protective force may estimate the necessity of using force when the force is used, without retreating, surrendering possession, doing any other act which he has no legal duty to do or abstaining from any lawful action.

c. (1) Notwithstanding the provisions of N.J.S.2C:3-5, N.J.S.2C:3-9, or this section, the use of force or deadly force upon or toward an intruder who is unlawfully in a dwelling is justifiable when the actor reasonably believes that the force is immediately necessary for the purpose of protecting himself or other persons in the dwelling against the use of unlawful force by the intruder on the present occasion.

(2) A reasonable belief exists when the actor, to protect himself or a third person, was in his own dwelling at the time of the offense or was privileged to be thereon and the encounter between the actor and intruder was sudden and unexpected, compelling the actor to act instantly and:

(a) The actor reasonably believed that the intruder would inflict personal injury upon the actor or others in the dwelling; or

(B) The actor demanded that the intruder disarm, surrender or withdraw, and the intruder refused to do so.

(3) An actor employing protective force may estimate the necessity of using force when the force is used, without retreating, surrendering possession, withdrawing or doing any other act which he has no legal duty to do or abstaining from any lawful action.

Amended 1987, c.120, s.1; 1999, c.73.

[SEAL76 0]

Very sad state of affairs. What can the citizens of the state do to change this absurd standard?

[DirtyDigz 1,812]

I would like to read up on some real examples of people using deadly force in their homes and the outcomes (news articles / court cases / whatever). I know we have castle doctrine here but would like to see REAL outcomes of situations were people have been forced to use their guns.

 

I wouldn't take them as examples of what would happen in NJ, but the NRA collects stories of self-defense shootings:

 

http://www.nraila.org/armedcitizen/

[mipafox 438]

I would like to read up on some real examples of people using deadly force in their homes and the outcomes (news articles / court cases / whatever). I know we have castle doctrine here but would like to see REAL outcomes of situations were people have been forced to use their guns.

 

Have you tried contacting local state prisons?

[DirtyDigz 1,812]

I wouldn't take them as examples of what would happen in NJ, but the NRA collects stories of self-defense shootings:

 

http://www.nraila.org/armedcitizen/

 

Whoah, just noticed that they have a search engine for their "armed citizen" stories now that includes the ability to search on state. So select NJ, search and read away.

[Cavalier1979 0]

NJ.com, New Jersey, 03/13/09

State: NJ

American Rifleman Issue: 3/20/2009

Around 8:30 p.m. a man armed with a knife entered the Windsor Pharmacy in Bristol Township, N.J. The knife-wielding robber demanded oxycontin pills from the clerk behind the counter. Another store clerk, who has a permit to carry a handgun, came upon the scene, drew his handgun and fired, striking the robber and ending the incident. The robber is being treated at a local hospital and is expected to survive

 

 

This was posted there. What do they mean by license to carry? Was it OK since he was in his business?

[mipafox 438]

NJ.com, New Jersey, 03/13/09

State: NJ

American Rifleman Issue: 3/20/2009

Around 8:30 p.m. a man armed with a knife entered the Windsor Pharmacy in Bristol Township, N.J. The knife-wielding robber demanded oxycontin pills from the clerk behind the counter. Another store clerk, who has a permit to carry a handgun, came upon the scene, drew his handgun and fired, striking the robber and ending the incident. The robber is being treated at a local hospital and is expected to survive

 

 

This was posted there. What do they mean by license to carry? Was it OK since he was in his business?

 

I'm pretty sure they meant Bristol Township, PA (not NJ). In which case it would be a License to Carry Firearms. Given to anybody with a pulse willing to drop by the Bucks County Sheriff's office, takes about 15 minutes.

[sig2009 3]

NJ does not have a Castle Doctrine!

[mipafox 438]

Here is the article from NJ.com. It is clearly a story from PA:

 

Clerk shoots robbery suspect

Friday, March 13, 2009

 

BRISTOL TOWNSHIP -- A knife-wielding robber who entered the Windsor Pharmacy on Wednesday night was taken down by a store clerk using a handgun, police said.

 

Matthew Perry, a 21-year-old Middletown Township resident, allegedly went into the pharmacy just after 8:30 p.m., displayed a knife, and demanded the pill oxycontin. Police said he began to struggle with a store clerk who resisted him.

 

A second store clerk, who had a valid permit to carry a weapon, pulled out a handgun and fired one shot at Perry, hitting him in the arm and chest, according to police. Police said Perry fell to the floor, and was taken to a local hospital by the Levittown-Fairless Hills Rescue Squad.

 

Perry is being guarded by Bristol Township Police, and will be charged pending a review by the Bucks County District Attorney's Office after his release.

 

http://www.nj.com/news/times/regional/index.ssf?/base/news-16/1236932719194620.xml&coll=5

 

I can't believe a NJ thug brought a knife to a Pennsylvania fight.

[MrP 81]

NJ does not have a Castle Doctrine!

 

Yes we do, it's just neutered compared to other states.

[codasmog 0]

Gloucester Township does!

 

A couple of years ago when the township would issue its quarterly announcements. Its said (not verbatim) that it is unlawful to discharge a firearm in the limits of the township unless you are protecting ones self or property. something like that!!!!

[Recon Racoon 49]

Gloucester Township does!

 

A couple of years ago when the township would issue its quarterly announcements. Its said (not verbatim) that it is unlawful to discharge a firearm in the limits of the township unless you are protecting ones self or property. something like that!!!!

A county wide ordinance doesn't have standing over a NJ state law. Its like saying fecal matter rolls up hill, it defies legal gravity.

 

You could argue that we have a Castle Doctrine but ultimately it doesn't apply until you're backed into a room with no windows and only one corner. IMO you'd be hard pressed to find a news story in the state that paints gun owners in a positive light.