Fred2 367 Posted July 4, 2013 If this guy had a FID, would he be breaking any laws? http://www.nj.com/mercer/index.ssf/2013/07/trenton_man_arrested_after_police_find_him_sitting_on_city_porch_with_shotgun.html In short, he was sitting on his porch with a shotgun. Quote Share this post Link to post Share on other sites
BlueLineFish 615 Posted July 4, 2013 Wrong...he was sitting on another persons porch with a shotgun Quote Share this post Link to post Share on other sites
brocglock23 4 Posted July 4, 2013 They didn't say whether or not it is was loaded. That would also make a difference Quote Share this post Link to post Share on other sites
Larry1851 0 Posted July 4, 2013 If this guy had a FID, would he be breaking any laws? http://www.nj.com/mercer/index.ssf/2013/07/trenton_man_arrested_after_police_find_him_sitting_on_city_porch_with_shotgun.html In short, he was sitting on his porch with a shotgun. Per the article, "A city man seated on another person’s porch and wielding a shotgun" . Quote Share this post Link to post Share on other sites
bhunted 887 Posted July 4, 2013 Cracks me up as they depicted it was a pump shotgun and to readily point out it had a pistol grip. Sounds like some cheap shot to make it an evil gun... Sent from John's iPad 2 via Tapatalk HD Typos courtesy Apple... Quote Share this post Link to post Share on other sites
Fred2 367 Posted July 4, 2013 Missed the "Another Person's porch" I was assuming it was his own. If it was his porch, would it be illegal? Quote Share this post Link to post Share on other sites
DSD1026 48 Posted July 4, 2013 if it was his own porch, not really, unless he was pointing it at people passing by.. Quote Share this post Link to post Share on other sites
Crusher 0 Posted July 4, 2013 Correct me if I'm wrong, but If it was his own porch and he was not threatings anyone he would not even require an FID. Quote Share this post Link to post Share on other sites
Fred2 367 Posted July 4, 2013 And..... If this was a multi family home with a common porch. Would it be "his" porch? Quote Share this post Link to post Share on other sites
1LtCAP 4,264 Posted July 4, 2013 ok....so a question on this. i think i know that with pistols, we can only go straight from one exempted place to another exempted place, with or without our fPid.....which to my understanding makes it illegal for me to even walk next door to my neighbors home to let him check out my pistol. i thought with long guns, that as long as we had our fPid, we could possess them anywhere, as long as they were nj legal? Quote Share this post Link to post Share on other sites
Tack Tickle 0 Posted July 4, 2013 They can always get you for Menacing... "Menacing is a crime governed by state laws, which vary by state, but typically involves displaying a weapon or a course of conduct that intentionally places another person in reasonable fear of physical injury or death." Quote Share this post Link to post Share on other sites
BlueLineFish 615 Posted July 4, 2013 If the gun was loaded then its not legal. Either way you could be charged with discon, breach of peace. NJ doesnt have menacing, thats a specific NY statute. NJ would just make it an assault or agg assault if the weapon is there Quote Share this post Link to post Share on other sites
Tack Tickle 0 Posted July 4, 2013 Then let me rephrase. Even if it wasn't loaded, they can get you for simple assault. "Attempted to put someone in fear of imminent injury by menacing them." Many states have menacing laws. I shouldn't have posted it, some state assemblyman or senator reading our posts is probably going to put it on a new proposed bill... If the gun was loaded then its not legal. Either way you could be charged with discon, breach of peace. NJ doesnt have menacing, thats a specific NY statute. NJ would just make it an assault or agg assault if the weapon is there Quote Share this post Link to post Share on other sites
Cbrrmike 0 Posted July 4, 2013 Regardless of all debate, the person in the article is a felon... Equaling unlawful possession Quote Share this post Link to post Share on other sites
ryan_j 0 Posted July 4, 2013 If the gun was loaded then its not legal. Either way you could be charged with discon, breach of peace. NJ doesnt have menacing, thats a specific NY statute. NJ would just make it an assault or agg assault if the weapon is there What statute says it has to be unloaded if you have a FID to make it legal to possess? Quote Share this post Link to post Share on other sites
RUTGERS95 890 Posted July 4, 2013 I always thought that you could, if you wanted to, walk around your own property with a firearm whether loaded or unloaded as it's your property and within your rights. Of course if you are aiming at people or such then it's a different ball game. Say I sling one over my shoulder and go check my mail? That is perfectly legal as I understand the law If wrong, someone please correct me Quote Share this post Link to post Share on other sites
Tack Tickle 0 Posted July 4, 2013 None... 2C:39-6 Exemptions 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. You can open or conceal carry in your home, on your property and in your business. However, (always a however in NJ) leading back to the "debate" which there really isn't any about menacing or simple assault. When I say menacing I mean THE WORDING on the assault statutes in NJ. What statute says it has to be unloaded if you have a FID to make it legal to possess? Quote Share this post Link to post Share on other sites
gunguy1960 2 Posted July 4, 2013 What I find interesting is the differences of putting "someone in fear" vs. putting a "reasonable person in fear", in one case any emotionally unbalanced person can rant to the police you put them in fear, in the other case the police would need to think if reasonable people would be put in fear by what your doing. Quote Share this post Link to post Share on other sites
1LtCAP 4,264 Posted July 4, 2013 What statute says it has to be unloaded if you have a FID to make it legal to possess? what statute says you need an fPid to possess? Quote Share this post Link to post Share on other sites
maintenanceguy 510 Posted July 4, 2013 Wait a second: Without a FID, it's legal to possess a firearm on your own property. With an FID, it's legal to possess a long arm on another person's property. It's illegal to menace, threaten, disturb the peace, etc with or without a gun. Just sitting with a gun should not be enough to charge you with any of these. Just because someone is uncomfortable with you doing something that is legal is not enough to charge you with something. That's as stupid as being charged for giving a waitress a poor tip or a dirty look. Quote Share this post Link to post Share on other sites
Dirt diver 0 Posted July 4, 2013 "Menace" and "threaten" are too subjective for this state. I had a neighbor call LE on me while cleaning out my garage. No guns in view just targets full of holes and general garage stuff. One targwt was the standing hostile 2 which is a woman. The cop came, made some chit chat with me and left. No problem but it makes me want to start cleaning "everything" in the front yard from now on Quote Share this post Link to post Share on other sites
brocglock23 4 Posted July 4, 2013 I always thought that you could, if you wanted to, walk around your own property with a firearm whether loaded or unloaded as it's your property and within your rights. Of course if you are aiming at people or such then it's a different ball game. Say I sling one over my shoulder and go check my mail? That is perfectly legal as I understand the law If wrong, someone please correct me This goes for loaded and I don't know if this is true for you but not all peoples mail boxes or on their property. If I walked to mine I would technically be on township property. If you go by my property survey I break the law when I have my gun on me. Edit: Just to paint a picture. I live on a road with no side walks and my mailbox is at the foot of my driveway but the first 2 or 3 feet of land that i am responsible for taking care of it not my property. Quote Share this post Link to post Share on other sites
maintenanceguy 510 Posted July 5, 2013 I own to the yellow line. The county has an easement to the edge of the pavement. I guess I can ride my bike back and forth in front of my house and I'm still legal. Who knew I could have 250 feet of America right in front of my house! Quote Share this post Link to post Share on other sites