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Law on home intrusion?

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So what rights exactly do we have in NJ when it comes to home intrusion? Does the intruder have to be in our home to shoot or can it be our property? (shed, garage) Do they HAVE to be armed? Will the police confiscate my firearm and if so, how easy is it to get back? My buddys always tell me I should get a "throwaway" piece just to protect my rights so I want to know what my rights are.

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Outside a duty to retreat, in the home no, and a fear for your life. While not as basic as being black and white like that, there is a lot of Grey, and that Grey will follow in post #3 on... ETA Post #4 on.. lol

 

post #5

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So what rights exactly do we have in NJ when it comes to home intrusion? Does the intruder have to be in our home to shoot or can it be our property? (shed, garage) Do they HAVE to be armed? Will the police confiscate my firearm and if so, how easy is it to get back? My buddys always tell me I should get a "throwaway" piece just to protect my rights so I want to know what my rights are.

 

What rights: As HD said, in your house, in fear for your life you can use deadly force. Can't use deadly force to protect property. Police will confiscate your firearm if you shoot someone. I don't know what a throwaway piece is but I can't imagine worse advice than that. If the very rare occurrence of an intruder in your house and you needing to take deadly force you'd want to have the best gun possible; not some cheap piece of crap.

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So what rights exactly do we have in NJ when it comes to home intrusion?

Run and Hide

 

My buddys always tell me I should get a "throwaway" piece just to protect my rights so I want to know what my rights are.

Your buddies are idiots.

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Some of this recently covered at a GFH class I took...their instruction was that you needed to be in imminent danger of death etc AND unable to safely retreat....if those two conditions met you can use lethal force. Other note I hadn't previously heard was if you are a legal owner of gun and someone other than LEO in the course of police business tries to physically take it away you were authorized to defend yourself.

 

Up to you if you want to spend this much time thinking about protecting your life and family and trust that job to a throwaway gun.

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I think he meant a "throw down" gun. Meant to make anyone on the outside think the intruder was armed. Again, a horrible idea. If that weapon can be traced to you there will certainly be a murder charge forthcoming.

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I think he meant a "throw down" gun. Meant to make anyone on the outside think the intruder was armed. Again, a horrible idea. If that weapon can be traced to you there will certainly be a murder charge forthcoming.

 

This is what I meant. It makes sense but I dont think its worth it if you get caught. But say someone is in your house, you shoot them, and they were unarmmed. Wouldnt it be better that they were armed? Either way, your gonna take the chance of jail time.

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This is what I meant. It makes sense but I dont think its worth it if you get caught. But say someone is in your house, you shoot them, and they were unarmmed. Wouldnt it be better that they were armed? Either way, your gonna take the chance of jail time.

 

Do you realize that you are asking publicly if it's a good idea to break the law??

 

By the way this action would be a felony..

 

I'll say it again... :facepalm: :facepalm:

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I can almost see the next question or comment and it has come up before so I'll head that one off now.

 

What about using a less valuable gun, say like a cheap hi-point or something that I wouldn't miss when they take it away from me.

 

All I'll say, is what price to you put on your families and your life and decide.

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I don't understand this thinking. I would want my absolute best handgun in my hand when my or my family's lives depended on it. No chance I would sacrifice one ounce of dependability to save my gun. Think about it, you will live to buy another gun.

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Do you realize that you are asking publicly if it's a good idea to break the law??

 

By the way this action would be a felony..

 

I'll say it again... :facepalm: :facepalm:

 

 

Does it matter? Im just asking questions so I can educate myself on what needs to be done incase of a burglery, I have nothing to hide. Theres been a ton of break ins lately and I was having a discussion last night with someone from Pa and I was asked about our laws, I couldnt answer. Apperantly in Pa, you can shoot someone for just being on your property, with cause of course.

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I don't understand this thinking. I would want my absolute best handgun in my hand when my or my family's lives depended on it. No chance I would sacrifice one ounce of dependability to save my gun. Think about it, you will live to buy another gun.

 

I guess your right in that aspect, but Ive heard the hi points are reliable and they sure are cheap just ugly. And as long as it goes bang, who cares what it looks like.

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Well you should never shoot someone without fear for your family's lives or your own. Killing a person could destroy you. If you go by the rule of using a weapon only in defense or yourself or your family you will be fine.

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I guess your right in that aspect, but Ive heard the hi points are reliable and they sure are cheap just ugly. And as long as it goes bang, who cares what it looks like.

Did you ever hear someone say to train like you would fight? Unless you use that high-point like it was your only gun, you WILL be less proficient with it. When you have to shoot in the dark at a man twice your size charging up your stairs trying to kill you... Having your main gun in your hands makes a difference..

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Thats another thought. I have a nice xdm 9 and in the case I have to use it, I wouldnt want to loose it. I was thinking of buying a hi point that way if the police take it so what.

 

If you put price of the gun as a deciding factor as to the value of your families and your life,, well I'm at a loss for word, at least any nice ones.....

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Did you ever hear someone say to train like you would fight? Unless you use that high-point like it was your only gun, you WILL be less proficient with it. When you have to shoot in the dark at a man twice your size charging up your stairs trying to kill you... Having your main gun in your hands makes a difference..

 

Good point there.

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If you put price of the gun as a deciding factor as to the value of your families and your life,, well I'm at a loss for word, at least any nice ones.....

 

I wouldnt put anything in front of my wife, I just didnt see the problem with using a hi point that I can just toss in the drawer since I ve read a lot of good thing about them being reliable.

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As responsible gun owners, why not consult or have the name of an attorney before we ever have to use our guns in self defense. Asking the question on a forum is valid, but like anything else, w're going to get a myriad of responses speckled with opinion. I know asking an attorney is probably the last thing we would want to do. But if the day ever came, the very last thing I would want to worry about is trying to figure this all out while I'm in a jail cell (and most likely we would be) while flipping through the yellow pages next to some gangbanger who's looking at my asshole.

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I wouldnt put anything in front of my wife, I just didnt see the problem with using a hi point that I can just toss in the drawer since I ve read a lot of good thing about them being reliable.

 

Ok good, as it should be. but as was pointed out, you should be familiar with whatever gun you plan to use for HD/SD and also not just shoot range ammo though it, shoot what you would use for HD/SD, reason you want to know the gun functions well with it, and also how it shoots.

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Well you should never shoot someone without fear for your family's lives or your own. Killing a person could destroy you. If you go by the rule of using a weapon only in defense or yourself or your family you will be fine.

+1

1) never pull a firearm out unless you intend to use it & not scare someone

2) retreat back to the house & call 911. you can't shoot someone on your outdoor property

3) forget about a "throwaway piece". you should worry about wrongful death lawsuits coming your way even if the police don't press charges against you. are you ready to paid $$$ for lawyers & years of lost time, pain & suffering anixety on your part?

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As responsible gun owners, why not consult or have the name of an attorney before we ever have to use our guns in self defense. Asking the question on a forum is valid, but like anything else, w're going to get a myriad of responses speckled with opinion. I know asking an attorney is probably the last thing we would want to do. But if the day ever came, the very last thing I would want to worry about is trying to figure this all out while I'm in a jail cell (and most likely we would be) while flipping through the yellow pages next to some gangbanger who's looking at my asshole.

 

LOL @ last line

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Does it matter? Im just asking questions so I can educate myself on what needs to be done incase of a burglery, I have nothing to hide. Theres been a ton of break ins lately and I was having a discussion last night with someone from Pa and I was asked about our laws, I couldnt answer. Apperantly in Pa, you can shoot someone for just being on your property, with cause of course.

 

If you needed to ask "should I have a throw down gun?" You have bigger issues to consider than the subtleties that distinguish a justifiable use of deadly force from AggA and/or murder...

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