Girlfriend using my gun for home protection?

[Old School 611]

What are the Odd's on this coming up again in a new thread in the next week or 2??

 

@ Harry - Depends on how many sheeple or trolls subscribe to the forum in the next two weeks...

[this_is_nascar 162]

What are the Odd's on this coming up again in a new thread in the next week or 2??

 

 

I'll buy you dinner when I meet you if it doesn't.

[hd2000fxdl 422]

I'll buy you dinner when I meet you if it doesn't.

 

Ok, the clocks a runnin.. LOL

[woodentoe 14]

I'm definitely going to post this thread as my own in three weeks.

[9supratt4 0]

Sorry guys for apparently bringing up a topic that has already been covered....maybe I just don't know how to use the search correctly. Every time I put something in the search it says no results.

 

Anyway...thanks for all the advice and I agree with everyone saying it's better for her to use it then be harmed.

 

Is there any good places to find the rules on home defense that I can give to her?

[Old School 611]

Sorry guys for apparently bringing up a topic that has already been covered....maybe I just don't know how to use the search correctly. Every time I put something in the search it says no results.

 

Anyway...thanks for all the advice and I agree with everyone saying it's better for her to use it then be harmed.

 

Is there any good places to find the rules on home defense that I can give to her?

 

You must have evolved to a higher state of humanity and civilization than I.

 

Home defense rules. Use whatever weapon available, eye gouge, testicular smash, instep stomp, while screaming like a mad woman.

 

If she feels like her life is in danger... The solution is obvious.

 

Just think about this... As messed up as the Zimmerman / Martin case is, Zimmerman is better than room temperature 7am each morning.

[Smokin .50 1,907]

Look up Evan Nappen's Gun, Knife and Weapon Law. It's a nice big book with an orange(?) cover.

 

Essentially you have to retreat, let them steal what they want as you run and hide. Only if they come into your "safe room" and you FEEL your life is threatened, can you then "Plug em'"!

 

To turn that scenario around (and I've DONE THIS already), as the Perp tries to gain entrance, grab pump shotgun and "rack-in" a live round, then yell at the top of your voice, " I have the Cops on the phone and my SHOTGUN pointed at YOU, A$$HOLE!!" In my case I never got to meet my new friend.........just the SOUND of my 12 ga. pump going into battery, along with my determined YELL diffused the entire situation, as all I saw out my side window was butt-hole and elbows runnin' as fast as he could go!

 

Truth be told, if you sound and act crazier than they are, they can become scared and run away, as they switch from offense to defense, lol!

[TJW 4]

Every time I see these similar threads, I can't help notice that everyone plays prosecutor. If the prosecutor really thought your actions in using an "illegally transferred" gun was unjustified, you'd be facing much more serious charges that will make you not care about the illegal transfer. Any defense attorney would argue that if your life was in danger, it is a crime where you can use duress as a justifiable defense. At the end of the day, if your girlfriend believes their life is threatened and had no other options, I'd suspect that this is NOT something to worry about.

[vjf915 456]

Retracted.

[Anselmo 87]

Every time I see these similar threads, I can't help notice that everyone plays prosecutor. If the prosecutor really thought your actions in using an "illegally transferred" gun was unjustified, you'd be facing much more serious charges that will make you not care about the illegal transfer. Any defense attorney would argue that if your life was in danger, it is a crime where you can use duress as a justifiable defense. At the end of the day, if your girlfriend believes their life is threatened and had no other options, I'd suspect that this is NOT something to worry about.

 

Of course it's not something to worry about. People love to worry, though.

[johnp 45]

You must have evolved to a higher state of humanity and civilization than I.

 

Home defense rules. Use whatever weapon available, eye gouge, testicular smash, instep stomp, while screaming like a mad woman.

 

If she feels like her life is in danger... The solution is obvious.

 

Just think about this... As messed up as the Zimmerman / Martin case is, Zimmerman is better than room temperature 7am each morning.

 

:rofl:

[Pete2674 0]

It's considered a felony if she shot someone. Even if she was your wife it would still be a felony. But if she was your 6 year old daughter it would be ok. Funny how NJ works.

[Anselmo 87]

It's considered a felony if she shot someone. Even if she was your wife it would still be a felony. But if she was your 6 year old daughter it would be ok. Funny how NJ works.

 

I don't agree. Show me where someone was charged with illegal possession in their marital house of their spouse's gun.

[Pete2674 0]

Call and talk to somebody at gun for hire and they will tell you. Ever listen to the gun for hire pod cast. Very informative. Give it a shot.

[Pete2674 0]

Oh I think it was the episode when Evan Nappen was on. Do you know who Evan Nappen is?

[vladtepes 1,060]

And once again, the statute with "ANY" in it, also mentions ranges, which, by your definition means that the spouse could then use the "ANY" gun, anywhere it is exempted, meaning you could buys guns and the spouse use them at all the exempted locations. This is patently NOT LEGAL.

 

what?

 

the law says.. nothing in the law will prevent you from handling ANY gun in your home...

 

as in.. an illegal sawed off shotgun is dropped by a criminal.. under normal NJ law having that in your possession.. picking it up.. would be illegal..

 

fortunately you can handle ANY gun in your home...

 

that does not mean that you can not be charged with out crimes if you in fact knowingly committed them.. it just simply means that as it is written.. you can handle any gun in your home..

[Pete2674 0]

I'm not going to make this into a big argument. When you get the time call Mr Nappen or Gun For Hire. And ask them the ? Or if you get a chance listen to the podcasts. That's where I get my info from. And better yet get the orange book and that will answer all the ?'s that you need to know about NJ gun laws. It's a good investment.

[Pete2674 0]

@ Vladtepes. Where not talking about range use. It about home defense if she shot somebody who broke into thier apt with his gun it would be a felony.

[vladtepes 1,060]

@ Vladtepes. Where not talking about range use. It about home defense if she shot somebody who broke into thier apt with his gun it would be a felony.

 

yeah.. right.. because Evan Nappen says so?

he is SPECULATING...

what jury are they going to bring in to convict your girlfriend from shooting a man breaking into your home... come on..

 

 

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.

 

it does NOT say "any firearm that is legally owned" it does not say "any firearm that meets NJ legal requirements"

the LAW as it is written says

NOTHING will prevent ANY firearm...

 

again.. some idiot breaks in with a sawed off shotgun.. you wrestle it away from him and shoot him before he can kill you..

according to you.. and Evan.. you now go to jail for illegal transfer?

 

yeah.. right..

[Pete2674 0]

Ok. I guess I listen to you. This is NJ! They would do anything to take your gun rights away even if that meant throwing someone in jail. Remember my friend we have no CASTLE DOCTRINE in NJ. I learned to except that if someone broke in my house and I shot them there an 90% chance I'm going to jail. You should except too. And yeah I would rather listen to a lawyer than you or some of the other people on this forum.

[johnp 45]

We don't have castle doctrine? We can still open carry thou right?

[vladtepes 1,060]

Ok. I guess I listen to you. This is NJ! They would do anything to take your gun rights away even if that meant throwing someone in jail. Remember my friend we have no CASTLE DOCTRINE in NJ. I learned to except that if someone broke in my house and I shot them there an 90% chance I'm going to jail. You should except too. And yeah I would rather listen to a lawyer than you or some of the other people on this forum.

 

WTF are you talking about with this going to jail if you shoot someone..

 

please list the numerous court cases where someone used a gun in a clean self defense shoot and went to jail..

the difference is I have been here for a while now.. and have had this conversation with MANY people just like you...

 

as crazy as NJ is.. there comes a point where common sense comes in..

 

the law says ANY gun...

this means the state is not going to arrest you for taking an illegal gun away from an attacker..

this means your girlfriend shooting some 200lb scumbag trying to rape her is not going to jail...

 

but really show me some cases that show that I am wrong.. I posed the same question to Evan once.. asking about some cases where this happened.. and guess what.. I never even got a reply..

 

he will err on the extreme side of caution.. that does NOT make it right..

[woodentoe 14]

Just like the notion that we don't have a castle law in Nj or that there is a duty to retreat in your home. It seems some extremes have been taken. I haven't read nappan's book so I can't comment directly on that. However, the law authorizing use of deadly force is not vague and foray seem hard to follow without inventing additional safeguards for yourself.

[vladtepes 1,060]

at the end of the day...

 

if you are in your home and your life hangs in the balance....

 

no one is going to put you in jail for defending yourself...

[Sandy 44]

" he will err on the extreme side of caution.. that does NOT make it right.."

 

^this. Lawyers are citing what theoretically COULD happen because of the twisting confusing conflicting way the alws are written. The "facts" cited are not facts , they are supposition based on an individuals interpretation of the law.

 

There is NO case law where a wife picked up her husband's gun , used it to kill an intruder , and was brought up on charges.

 

The same way sodomy is still illegal in some states , but they are not charging consenting adults for doing it..they are using it as tack on charges to make a rape conviction stick. Same as it is with "illegal transfer" . If you lend your wife your gun and she goes out and commits a crime with it , "illegal transfer" would be included in the numerous criminal charges . However , in your home , defending your life , it would not apply. Unless she shot someone who was trying to get out the window and get away from her or something. Other criminal defense attorneys in NJ I am friends with are of the opinion it would not be the lone charge in a justified home invasion self defense situation. And I agree with them. I only see it being an issue if your spouse commits a crime with your gun .

 

You can use ANY gun in your home for self defense. Says so in the law. I would need to see case law where a person who made a justified shoot in their home was charged with an illegal transfer.

 

She can't take your gun to the range , she can't take your gun anywhere ..but she can use any gun in the house to defend herself.

 

Ideally , everyone in the home should get an FID and pistol permits. Because it is a good thing to do , period.

[Ray Ray 3,566]

at the end of the day...

 

if you are in your home and your life hangs in the balance....

 

no one is going to put you in jail for defending yourself...

 

correct

 

or, if your scared of her going to jail. Just give her a knife or a bat and bludgeon the bad guy to death. It'll toughen her up as well.

[Sandy 44]

And , as a disclaimer , I am not discrediting Nappan or anyone..the law is gray , it contradicts itself. There is no direct specific exemption in the body of legislation addressing illegal transfers naming self defense in the home as an exemption..however in different legislation it says you can use any gun in your home. Ask an attorney and they will tell you , yes there is legislation that says your wife can't use your handgun if you are not with her at the range , yada yada..but that is interpretation of the law..not fact based on case law.

 

But you have to really think of the application. Which section would stand if an innocent woman shoots a rapist carrying a butcher knife and duct tape that has broken into her home and she picks up her husband's handgun and saves herself? I'm saying nobody is bringing her up on charges for that in the first place , which is probably WHY there is no case law on it.

 

If your wife goes all Thelma and Louise with your piece..then yeah , you probably will see some charges there including illegal transfer..that is the kind of stuff for which that piece of legislation was written .

 

In summary , and the end..who gives a sh*t . My husband and I have similar handguns , and at some point I'm sure we'll have identicals. We share safes. It will be a cold day in hell before I worry about checking serial numbers before defending the lives of my kids and myself.

[woodentoe 14]

The law that says you may have any firearm at home explicitly says that it supercedes any part of the statute to the contrary. This just sounds like a bugaboo to me.

[Pete2674 0]

Please listen to episode 57 on Gun for Hire podcast. Especially Vladtepes. Thank You.

[vladtepes 1,060]

Please listen to episode 57 on Gun for Hire podcast. Especially Vladtepes. Thank You.

 

I do not listen to "pod casts"

 

but with that said..

please find me a single case in which an individual participating in a clean shoot in ones home was charged with illegal transfer...

 

If you believe that an illegal transfer can occur in a clean self defense shoot.. then that means if someone breaks into your home and tries to kill you and you take the gun away from the bad guy and kill your attacker.. then you are guilty of illegal transfer...

 

the thought of that is obviously absurd..

 

the LAW clearly indicates that nothing will prohibit you from being in possession of ANY gun in your home..

meaning that while in your home.. not before.. not after.. not in the street in front of your house... but while IN your home.. you may be in possession of ANY gun..

 

I do not need gun for hire or evan nappen to tell me otherwise.. I have a brain and can read the law..

thank you for the suggestion though..

 

 

really.. show me a single case..

where a women who was about to be killed and was in a life threatening situation.. was charged for using her spouses gun..

 

"we are sorry mamm you should have allowed yourself to be stabbed and raped instead of saving your life with your husbands gun.. we are going to now throw you in a deep dark jail cell for the rest of your years.."

 

yeah.. ok..