Question on wife using my gun for HD

[Ray Ray 3,566]

Please, somebody help me. My brain hurts.

[msg73 1]

I'm not trolling...apologize if my questions are noobish, but I'm very serious. I just want to be as responsible as I can. I don't understand why people wouldn't want to CYA. The "shoot first and ask questions later" mentality seems pretty irresponsible.

[BRaptor 68]

I'm not trolling...apologize if my questions are noobish, but I'm very serious. I just want to be as responsible as I can. I don't understand why people wouldn't want to CYA. The "shoot first and ask questions later" mentality seems pretty irresponsible.

 

I agree with you. The people who are responding "just shoot him" are only thinking about the specific moment, not the events leading up to that moment.

 

Of course, your wife is going to shoot an intruder if she has to, no matter who "owns" the gun. But why do people have a problem with you asking a question before that moment comes? You're only trying to make a justified shooting as legally simple as possible.

 

Of course, 4 pages of responses and I don't think we've found a good answer, yet.

[Old School 611]

I agree with you. The people who are responding "just shoot him" are only thinking about the specific moment, not the events leading up to that moment.

 

Of course, your wife is going to shoot an intruder if she has to, no matter who "owns" the gun. But why do people have a problem with you asking a question before that moment comes? You're only trying to make a justified shooting as legally simple as possible.

 

Of course, 4 pages of responses and I don't think we've found a good answer, yet.

 

 

You bunch of self centered weenies! The legal aspect is over played and the least of your problems. #1 you MUST protect your family and yourself. #2 Are you willing to take the life of a bag guy? Just think about it for awhile. Yes it is easy to do but many have problems with the action after the fact. #3 There are so many variables that will impact you after a shooting.

 

Do what you think is right to protect yourself and family and just live with it. Remember you are there to protect yourself not punish the bad guy.

 

 

Raptor- Don't take it personally I'm certainly NOT attacking you but this BS thread in general.

[djg0770 481]

Of course, 4 pages of responses and I don't think we've found a good answer, yet.

 

Really???

 

e. Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

 

emphasis above added by me

 

 

Here are the sections that e above exempts you from:

 

Unlawful possession of weapons.

 

b.Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the third degree if the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. Otherwise it is a crime of the second degree.

 

c.Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.

 

(2)Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree.

 

d.Other weapons. Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.

 

Basically, you don't need an FPID in your home, you don't need a pistol permit in your home, you don't need a carry permit in your home.

[Old School 611]

Thank You Dan. Well Done. Again...

 

Seems like we have some sheeple on here.

[vladtepes 1,060]

I firmly believe that despite that tall tales about the NJ anti-gun boogieman if you shoot someone in your home.. and you were justified.. you will be just fine.. treat firearms with the same logic and responsibility you treat other serious matters.. you are FAR more likely to accidentally kill someone with your car than a gun.. do you have a special plan for what to do when that happens? a special lawyer to call? all that is silly.. in fact I'll say it again.. having a lawyer lined up... not speaking one word to the police.. and all that.. yeah that is fine and all to say on the internet when it is not actually happening.. but in my opinion.. you are almost creating the impression that you are planning to shoot someone which is probably not a great idea.... I could just hear the prosecutor now.. "so... you and your wife specifically sought information on how to legally shoot someone in your home on the internet.... were you expecting an attack? it shows here that you each went out and purchased your own firearms with your own permits... and had a meeting with a criminal defense lawyer.." or better yet as suggested in another post "after you shoot someone have your lawyer call 911" yeah great plan.. here is the prosecution on that.. "so.. while "joe smith" was bleeding to death on your floor.. you called your lawyer instead of 911? your concern was obviously not with the "victim" but instead only for your potential legal problems.." how about you just live your life.. like a normal law abiding American.. buy your guns.. practice at the range (something that may actually aid your defense.. probably helpful to your cause if you can established you were trained to use a firearm..) transport legally.. have your permits when needed.. keep your guns NJ legal.. AND STOP ACTING LIKE A PLOTTING CRIMINAL.. I am sorry.. but the general posture we assume.. the posture that we would need legal help for following the law.. being normal people.. is absurd ..

 

I own a few firearms.. my fiance is completely familiar with them.. they are all NJ legal.. and we both shoot them quite often.. we have both taken classes.. these things are all of some value.. if she has to shoot someone she will shoot them.. and call 911.. when the police get there.. she will comply with them.. despite the following being nails across the chalkboard to most of you.. she WILL answer some questions.. WE are both comfortable with cooperating with LEO.. we will give a simple SHORT direct account of what happened... and I can already tell you the story.. "this man I did not know entered my home without my permission.. when I encountered him I pointed a firearm at him and ordered him to leave my home.. he proceeded towards me.. I gave one final warning that if he did not stop I would shoot.. he continued to advance towards me.. so being fearful for my safety/life I fired..." the reason I can tell you the exact circumstance? is because that is the ONLY scenario that would cause me to shoot an individual.. one in which I am genuinely fearful for my life.. and or the life/safety of my loved ones.. I don't need a fancy lawyer to tell my story.. I don't need some elaborate plan.. why? because the HONEST TRUTH is that I would NOT be breaking the law..

 

instead of worrying about all this.. take all that energy and sink it into some range time... instead of seeking a criminal defense lawyer when you have not broken the law.. hire someone like gun for hire to teach you how to shoot someone in a self defense situation... are your sure your wife could even shoot an individual? a lot of good all this legal mumbo jumbo is if when confronted with an intruder you freeze like a deer in the headlights....

[Ray Ray 3,566]

You bunch of self centered weenies! The legal aspect is over played and the least of your problems. #1 you MUST protect your family and yourself. #2 Are you willing to take the life of a bag guy? Just think about it for awhile. Yes it is easy to do but many have problems with the action after the fact. #3 There are so many variables that will impact you after a shooting.

 

Do what you think is right to protect yourself and family and just live with it. Remember you are there to protect yourself not punish the bad guy.

 

Amen brother

[BRaptor 68]

I read that post. I didn't need "your emphasis," but thank you, anyway.

 

I see nothing in your righteously emphasized statute which excludes prosecution under NJSA 2C:58-3(a) or (b):

 

a. No person shall sell, give, transfer, assign or otherwise dispose of, nor receive, purchase, or otherwise acquire a handgun unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or has first secured a permit to purchase a handgun as provided by this section.

 

b. No person shall sell, give, transfer, assign or otherwise dispose of nor receive, purchase or otherwise acquire an antique cannon or a rifle or shotgun, other than an antique rifle or shotgun, unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or possesses a valid firearms purchaser identification card, and first exhibits said card to the seller, donor, transferor or assignor, and unless the purchaser, assignee, donee, receiver or holder signs a written certification, on a form prescribed by the superintendent, which shall indicate that he presently complies with the requirements of subsection c. of this section...

 

 

NJSA 2C:39-10(a):

 

a. [A]ny person who knowingly violates the regulatory provisions relating to permits to purchase certain firearms (section 2C:58-3) is guilty of a crime of the fourth degree.

 

So, yes, REALLY, I don't think there has been a completely satisfactory answer.

 

I don't think there are boogie men out there waiting to clap cuffs on someone involved in a justified shoot. But, I think an over-zealous prosecutor could make life very difficult and unpleasant for you if you were involved in a justified shoot with someone else's gun (even if it's your spuose's). I think the laws are confounding, convoluted and contradictory. I also think it's fun to bat around questions like this and see if we can come up with a good answer.

 

The question doesn't hurt, and if we can't come up with an answer, fine, but don't bash me and the original poster, because you're so damned cocksure about yourself and your position. If you're done with this thread, feel free to bow out and stop reading it.

[Ray Ray 3,566]

Braptor, what are you talking about? There is no answer to this question. It's not even a question, it's a statement.

[BRaptor 68]

Now if I happen to go away on business and an intruder enters my home while my wife and kids are there, can she legally use my guns to defend herself and the kids while I'm away?

 

This question that Mike first posted.

 

I'm willing to accept that the answer may be, "shoot and pray" that the prosecutor has some common sense. But, I was hoping there might be a provision in the statutes or caselaw providing an explicit exemption.

[Ray Ray 3,566]

So if the answer is no, then should she just give up and die?

[BRaptor 68]

So if the answer is no, then should she just give up and die?

 

HA!

 

Not for my wife. I also think a person has an absolute moral right to defend their lives with whatever weapon available. But, I don't know if the law backs up my morality.

 

So, morally, I completely support your position. Shoot the BG and let the justice system work it out.

 

Now, can we find a legal argument to support our moral position?

[Ray Ray 3,566]

Now, can we find a legal argument to support our moral position?

 

No, so deal with it when the time comes!

[PK90 3,573]

Now, can we find a legal argument to support our moral position?

 

You won't be prosecuted for 2C:58-3 or 2C:39-5 BECAUSE 2C:39-6 exempts you. DONE.

[BRaptor 68]

You won't be prosecuted for 2C:58-3 or 2C:39-5 BECAUSE 2C:39-6 exempts you. DONE.

 

 

Christ, not this statute, again.

 

I'M OUT!

[vladtepes 1,060]

woman in FL kills her child in cold blood.. does god only knows what with the body... then goes out and parties it up for the next month.... when confronted creates the most elaborate of elaborate stories... ends up being found NOT GUILTY... and you all are worried about what is going to happen to your wife if she justifiably shoots an intruder in your own home?