Local "No Discharge" Laws

[this_is_nascar 162]

How does a local "no discharge" law play into a SD/HD situation? For example, my town has such a law. In the case where all other obligations have been met, for example, not able to retreat, feel threatened for my life, etc, are you still "legally" able to shoot?

[blackh8552 0]

In NJ you are guilty until proven innocent. And from what Im told make sure the sh!t bag never makes it out of your house if you shoot

[Qel Hoth 33]

If its a good shoot aside from the no discharge law, one would think the justification of necessity would be sufficient.

[jonny.montana 48]

In NJ you are guilty until proven innocent. And from what Im told make sure the sh!t bag never makes it out of your house if you shoot

 

 

This

[GRIZ 3,369]

If its a good shoot aside from the no discharge law, one would think the justification of necessity would be sufficient.

 

I have never seen anyone involved in a good shoot charged with a no discharge law. Most laws like that have exceptions. A prosecutor would look like a jackass charging someone involved in a good SD shooting.

 

I wouldn't worry about it.

[woodentoe 14]

I wouldn't worry about it.

 

This.

 

Also, take the time to re-read the statute on Justified use of self defense. In your home, there is no duty to retreat. Also, reasonable belief does NOT mean fear for life. Read the statute again.

[johnp 45]

Aren't "No Discharge" laws more in place to stop people from setting up targets in their backyards and having a makeshift backyard range?

 

That's what I always assumed at least.

[Anselmo 87]

How does a local "no discharge" law play into a SD/HD situation? For example, my town has such a law. In the case where all other obligations have been met, for example, not able to retreat, feel threatened for my life, etc, are you still "legally" able to shoot?

 

Don't know about your towns law but here is a snip of the West Windsor law. See exception D:

 

§ 86-2. Prohibited acts.

 

 

 

 

A.

In order to alleviate the risk and danger posed by the carrying and discharge of firearms within the Township of West Windsor, the Township Council hereby determines and ordains that no person, except as noted herein, shall fire or discharge any firearm or carry or transport any loaded firearm, as defined herein in §

86-1

, within 450 feet of any occupied building, church, barn or airport nor within 1,000 feet of any public or school playground or day-care facility or any schoolhouse or school grounds or publicly owned open space or park, as defined herein in §

86-1

.

B.

No person shall fire or discharge any firearm from or across any state, county, municipal or publicly traveled road or highway.

§ 86-3. Exceptions.

 

The prohibitions of § 86-2 and N.J.S.A. 2C:39-6 et seq. (as exist or may be amended to exist) shall apply but not be solely limited to the following:

 

A.

Law enforcement officers of any governmental agency, federal, state, county and/or municipal, at all times (N.J.S.A. 2C:39-6).

B.

Members of any legally recognized military organization while in the performance of their official duties (N.J.S.A. 2C:39-6).

C.

Privately employed security personnel who are authorized by law to carry firearms while in the performance of their official duties (N.J.S.A. 2C:39-6).

D.

Persons lawfully using firearms in the protection of their person or property for self-defense (N.J.S.A. 2C:39-6).

[Anselmo 87]

Gloucester City law does not give exceptions and even makes airsoft shooting illegal. http://cityofgloucester.org/documents/C62Chapter47Firearms.pdf

[woodentoe 14]

I live in woodbridge and the ordinance doesn't appear to be readily available online.

[Anselmo 87]

I live in woodbridge and the ordinance doesn't appear to be readily available online.

 

http://clerkshq.com/default.ashx?clientsite=Woodbridge-nj

3-11 DISCHARGE OF FIREARMS.^*

 

 

3-11.1 Discharge Prohibited; Exceptions.

 

a. No person shall discharge a gun or any firearm within the Township.

b. The above paragraph a. shall not be applicable to:

1. The discharge of any gun or firearm upon a licensed pistol, rifle or firearm range which is under the supervision of the Township Police Department; or,

2. Members of the Township Police Department or any sworn, current law enforcement officer.

(1974 Code § 15-10)

[JackDaWack 2,895]

Gloucester City law does not give exceptions and even makes airsoft shooting illegal. http://cityofglouces...r47Firearms.pdf

 

They did not specifically state airsoft though.... Any FIREARM(airsoft guns are not firearms under NJ law) that is gas spring or air operated. I'm sure this wouldn't stop them from citing you though. However, a BB gun would fall under this.

[Anselmo 87]

They did not specifically state airsoft though.... Any FIREARM(airsoft guns are not firearms under NJ law) that is gas spring or air operated. I'm sure this wouldn't stop them from citing you though. However, a BB gun would fall under this.

 

What would be a spring operated firearm?

[JackDaWack 2,895]

What would be a spring operated firearm?

 

A BB gun. lol. either co2, pump or spring... they make all 3.

[woodentoe 14]

 

http://clerkshq.com/default.ashx?clientsite=Woodbridge-nj

3-11 DISCHARGE OF FIREARMS.^*

 

 

3-11.1 Discharge Prohibited; Exceptions.

 

a. No person shall discharge a gun or any firearm within the Township.

b. The above paragraph a. shall not be applicable to:

1. The discharge of any gun or firearm upon a licensed pistol, rifle or firearm range which is under the supervision of the Township Police Department; or,

2. Members of the Township Police Department or any sworn, current law enforcement officer.

(1974 Code § 15-10)

 

Thanks. :-(

 

It would be nice to shoot an air rifle at least.

[TheLugNutZ 21]

any word on Howell? Im pretty sure it does not have a ND law..

[Scott204 1]

One thing to remember, these aren't laws only local ordinances. So you are only imposed fines for them. Though i would never charge someone with it if they were lawfully protecting their life.

[this_is_nascar 162]

Gloucester City law does not give exceptions and even makes airsoft shooting illegal. http://cityofglouces...r47Firearms.pdf

 

 

Thanks for posting. I had a copy of that on my computer, but couldn't find it. So, that being the case, in the above situation, worse case the person would only get a fine?

[Qel Hoth 33]

Thanks for posting. I had a copy of that on my computer, but couldn't find it. So, that being the case, in the above situation, worse case the person would only get a fine?

 

You could also get jail time (not prison, there is a difference). Violating a local ordinance is generally a DP/PDP and carried a fine and/or small amount of jail time, usually no more than 90 days.

[this_is_nascar 162]

You could also get jail time (not prison, there is a difference). Violating a local ordinance is generally a DP/PDP and carried a fine and/or small amount of jail time, usually no more than 90 days.

 

 

So, does that really mean that my city has taken away even more rights than my state, in not allowing me to defend myself and family? It doesn't make sense to me.