Neighbors Property (Hypothetical)

[RubberBullets 65]

Just mulling over situations and gun laws pertaining to them.Im curious particularly in carrying a firearm on your property and going to your neighbors house (with his or her consent). Is it still legal to leave your property and head over to his? Since such scenario isnt explicitly spelled out I would like some insight.

 

In the same vicinity as the first question. I know the castle doctrine only covers you protecting yourself or your family within the confines of your own residence, but if the scenario above played out to be legit, if your neighbor was being attacked outside of his home would I be committing a crime if I drew my firearm as a deterrent to the aggressor committing the assault?

 

The last statement is kind of a loaded one being I know the implications of potential escalation and that I would not be legally protected if I harmed the attacker by means of a firearm. However if the assailant is using some sort of object as a weapon, and attempt to restrain the individual by hand would be out of the question, would I be within my legal right to wield the firearm with the sole intent to cease the attack? Thanks.

[hd2000fxdl 422]

No, your home, your property, leave it, and your in violation of the transport laws, that is if it's a handgun we're talking about.

[Malsua 1,422]

Just mulling over situations and gun laws pertaining to them.Im curious particularly in carrying a firearm on your property and going to your neighbors house (with his or her consent). Is it still legal to leave your property and head over to his? I would assume that would be the case, but since such scenario isnt explicitly spelled out I would like some insight. NOT LEGAL

 

In the same vicinity as the first question. I know the castle doctrine only covers you protecting yourself or your family within the confines of your own residence, but if the scenario above played out to be legit, if your neighbor was being attacked outside of his home would I be committing a crime if I drew my firearm as a deterrent to the aggressor committing the assault? NOT LEGAL

 

The last statement is kind of a loaded one being I know the implications of potential escalation and that I would not be legally protected if I harmed the attacker by means of a firearm. However if the assailant is using some sort of object as a weapon, and attempt to restrain the individual by hand would be out of the question, would I be within my legal right to wield the firearm with the sole intent to cease the attack? Thanks. You would be prosecuted if you use a weapon.

 

It is not legal to leave your property with a handgun unless you are going to a range, a gunsmith, a business you own, another residence or to hunt.

 

It is legal if it's a long gun and you have a firearms purchaser ID. Once you step off of your property, the long gun must be cased and unloaded.

 

ETA: Cased long gun.

Edited February 29, 2012 by Malsua

[RubberBullets 65]

OK got it. Now if your neighbor happens to have a shooting range on his property... would he need to be a licensed range for it to be legit? = )

 

Im not looking to circumvent any laws by the way. Just curious as to how deep the nj gun law rabbit hole goes =)

[Malsua 1,422]

OK got it. Now if your neighbor happens to have a shooting range on his property... would he need to be a licensed range for it to be legit? = )

 

Yes.

Im not looking to circumvent any laws by the way. Just curious as to how deep the nj gun law rabbit hole goes =)

 

The bottom line is that you may use a gun only inside your home to defend yourself or another if there is a serious threat of grave injury or death. That's it. Nothing else. No other situation, whatsoever. Nada, nutting, zilcho.

 

Drop the gun and go pummel the guy with your fists on your neighbors property and you're only facing simple assault.

[RubberBullets 65]

Yes.

 

 

The bottom line is that you may use a gun only inside your home to defend yourself or another if there is a serious threat of grave injury or death. That's it. Nothing else. No other situation, whatsoever. Nada, nutting, zilcho.

 

Drop the gun and go pummel the guy with your fists on your neighbors property and you're only facing simple assault.

 

Copy that. Thanks for the fast replies.

[kkuo12887 0]

Yes.

 

 

The bottom line is that you may use a gun only inside your home to defend yourself or another if there is a serious threat of grave injury or death. That's it. Nothing else. No other situation, whatsoever. Nada, nutting, zilcho.

 

Drop the gun and go pummel the guy with your fists on your neighbors property and you're only facing simple assault.

 

That's not entirely correct.

 

You are able to use your gun to defend yourself anywhere on your property as long as you believe you are not able to retreat to safety.

[when_shtf 4]

It is not legal to leave your property with a handgun unless you are going to a range, a gunsmith, a business you own, another residence or to hunt.

 

Why wouldn't this example fall under "another residence"? I'm not catching the difference between driving to another residence or walking .000001" across the property line. If this is breaking the law, then I've been a felon for most of my 49 years.

[Malsua 1,422]

That's not entirely correct.

 

You are able to use your gun to defend yourself anywhere on your property as long as you believe you are not able to retreat to safety.

 

Yes, you're right. If you are on your property, trapped somewhere, maybe in the corner of your detached garage, with absolutely no possibility of retreat (more than just a belief), you could use your firearm.

[Malsua 1,422]

Why wouldn't this example fall under "another residence"? I'm not catching the difference between driving to another residence or walking .000001" across the property line. If this is breaking the law, then I've been a felon for most of my 49 years.

 

Do you reside at your neighbor's house? Change that to "Another of your residences or properties, owned or possessed by you"

[Malsua 1,422]

I'm not catching the difference between driving to another residence or walking .000001" across the property line. If this is breaking the law, then I've been a felon for most of my 49 years.

 

You're not legally allowed to take your handgun to your neighbor's property. The moment you step over the property line, you're committing an indictable offense in NJ.

 

Yes, it's insanity. That's the law.

[Dan 177]

It is not legal to leave your property with a handgun unless you are going to a range, a gunsmith, a business you own, another residence or to hunt.

 

It is legal if it's a long gun and you have a firearms purchaser ID. Once you step off of your property, the long gun must be cased and unloaded.

 

ETA: Cased long gun.

 

Incorrect. An unloaded long gun can be possessed anywhere not expressely prohibited (e.g. school property) if you have an FID card. No case is necessary. This is written in 2C:39-5, so you do not need 2C:39-6 g. travel requirements. I don't recommend doing it, but this is the law.

 

Technically all of us with FID cards can all sling our unloaded rifles over our shoulders and have a BBQ out in public. Not saying that LE won't make arrests, or use other charges like disturbing the peace or whatnot... but they cannot charge you for unlawful posession under 2C:39-5.

[Dan 177]

You're not legally allowed to take your handgun to your neighbor's property. The moment you step over the property line, you're committing an indictable offense in NJ.

 

Yes, it's insanity. That's the law.

 

This is correct, HG's are a different animal. Must be exempted travel in 2C:39-6, and follow subsection g. rules for transport (cased, unloaded, etc). Once you leave your property, your destination must be one of the exempted "gifts" the state gives to us. There's no play in the law. Either you adhere to it, or if you stray .0001mm away they can charge you with unlawful possession.

 

That being said, self defense and the defense of others do have statutes that apply. Technically, if you were watching your neighbor getting murdered, and the police are on there way and were going to be too late. IMO, IANAL, If you took action to save their life, say by shooting the bad guy from your property, technically that is a defensible/justified use of deadly force. Just know that you will be on trial, and you better have some good evidence to defend yourself.

 

Civilians don't have the same luxury of good legal defenses in these situations as say... other professions when it comes to these things.

[Malsua 1,422]

Incorrect. An unloaded long gun can be possessed anywhere not expressely prohibited (e.g. school property) if you have an FID card. No case is necessary. This is written in 2C:39-5, so you do not need 2C:39-6 g. travel requirements. I don't recommend doing it, but this is the law.

 

Technically all of us with FID cards can all sling our unloaded rifles over our shoulders and have a BBQ out in public. Not saying that LE won't make arrests, or use other charges like disturbing the peace or whatnot... but they cannot charge you for unlawful posession under 2C:39-5.

 

Sheesh, nitpicks!

[kkuo12887 0]

Yes, you're right. If you are on your property, trapped somewhere, maybe in the corner of your detached garage, with absolutely no possibility of retreat (more than just a belief), you could use your firearm.

 

True.

 

What about if retreat may prevent you from defending yourself such as in a case where you are outnumbered? Or if your retreat would simply lead you right back to where your family is hiding and expose them to even more danger?

[when_shtf 4]

Ah, another of your own property.

 

Man, my part of the state is very different then most of where y'all live. We walk around with rifles from home to neighbors property. It's just not a "strange" thing to do. I see neighbors walking down the road with rifles to other hunting locations all season long.

 

I've never heard of the Troopers giving anyone a hard time. I can see how those of you in "the 'burbs" have to live under different conditions, but quite frankly, I'd just move.

[Malsua 1,422]

True.

 

What about if retreat may prevent you from defending yourself such as in a case where you are outnumbered? Or if your retreat would simply lead you right back to where your family is hiding and expose them to even more danger?

 

If retreat leads to more danger, then it really isn't a retreat. I think you could successfully argue that in such a situation, you would be exposing others to significant harm. It's a gray area of course.

[Malsua 1,422]

Ah, another of your own property.

 

Man, my part of the state is very different then most of where y'all live. We walk around with rifles from home to neighbors property. It's just not a "strange" thing to do. I see neighbors walking down the road with rifles to other hunting locations all season long.

 

I've never heard of the Troopers giving anyone a hard time. I can see how those of you in "the 'burbs" have to live under different conditions, but quite frankly, I'd just move.

 

Where I grew up, it was common to see 12 year olds walking down the street with rifles and shotguns and by the teens, handguns in cowboy holsters.

 

Rifles are ok in NJ if you have a Firearms purchaser ID.

[Babaganoosh 192]

Ah, another of your own property.

 

Man, my part of the state is very different then most of where y'all live. We walk around with rifles from home to neighbors property. It's just not a "strange" thing to do. I see neighbors walking down the road with rifles to other hunting locations all season long.

 

I've never heard of the Troopers giving anyone a hard time. I can see how those of you in "the 'burbs" have to live under different conditions, but quite frankly, I'd just move.

 

What rifles are these people hunting with?

[when_shtf 4]

What rifles are these people hunting with?

 

I hear your question 5x5, but I ain't answering it. Farmers can get as many as they want with whatever they have.

[halbautomatisch 60]

Incorrect. An unloaded long gun can be possessed anywhere not expressely prohibited (e.g. school property) if you have an FID card. No case is necessary. This is written in 2C:39-5, so you do not need 2C:39-6 g. travel requirements. I don't recommend doing it, but this is the law.

 

Technically all of us with FID cards can all sling our unloaded rifles over our shoulders and have a BBQ out in public.Or have a rally in front of the statehouse in Trenton - also wouldn't be illegal under the letter of the law. Not saying that LE won't make arrests, or use other charges like disturbing the peace or whatnot...You could count on that. but they cannot charge you for unlawful posession under 2C:39-5.

 

I have walked down may roads in NJ with uncased and unloaded shotguns or rifles in my possession while hunting, as others have said, not an unusual sight in some parts of NJ.

[Babaganoosh 192]

I hear your question 5x5, but I ain't answering it. Farmers can get as many as they want with whatever they have.

 

To a degree yes farmers have more leeway when it comes to hunting and nuisance animals, but they still have restrictions.

[Handyman 5,682]

If you see someone murdering your neighbor on their front lawn, it sounds like your best bet is to shoot them from your own front lawn...

[Babaganoosh 192]

If you see someone murdering your neighbor on their front lawn, it sounds like your best bet is to shoot them from your own front lawn...

 

Better off shooting yourself.

[LastShot 6]

OK, how about this. You are on your property, your foot is caught in one of your many leg hold traps ,you can not move, the bad guy is running towards you with a visible knife in a threatening manner,the only way to protect yourself is the bullet must pass your property line into your neighbors property. can you shoot?

[this_is_nascar 162]

This thread is just getting silly now.

[RubberBullets 65]

Better off shooting yourself.

 

Still an illegal discharge of a firearm

[Sandy 44]

Our town was locked down just over a year ago because " a guy was walking around with a gun" Turned out to be someone walking his shotgun 4 blocks away to his car. Not everyone has a driveway here , and parking can be bad . If I remember the police blotter correctly , he was found to legally owned the guns but I believe he was charged with creating or nuisance or something along those lines.

 

I love my block. It is a dead end with 5 colonials on it. 2 are the homes of officers , 1 is the home of a retired officer , our home is ..em..fortified..and the last house is a fireman. We're covered

[RubberBullets 65]

Its funny that you can be charged with a misdemeanor for someone else overreacting to a perfectly legal walk to your car with a gun. I can understand if they were to call the cops because it would seem suspicious for these parts (god forbid that same gun toting guy shoots up a business later) but once intent was discovered by arriving officers it should be left at that.

[this_is_nascar 162]

Our town was locked down just over a year ago because " a guy was walking around with a gun" Turned out to be someone walking his shotgun 4 blocks away to his car. Not everyone has a driveway here , and parking can be bad . If I remember the police blotter correctly , he was found to legally owned the guns but I believe he was charged with creating or nuisance or something along those lines.

 

I love my block. It is a dead end with 5 colonials on it. 2 are the homes of officers , 1 is the home of a retired officer , our home is ..em..fortified..and the last house is a fireman. We're covered

 

 

That's just f*cked-up. The cops get called for something that's perfectly legal, but these j*rkoffs have to charge the guy with "something", since they had to respond, I guess.