On porch with shotgun

[Fred2 367]

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.

[BlueLineFish 615]

Wrong...he was sitting on another persons porch with a shotgun

[brocglock23 4]

They didn't say whether or not it is was loaded. That would also make a difference

[Larry1851 0]

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" .  

[bhunted 887]

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...

[Fred2 367]

Missed the "Another Person's porch"

 

I was assuming it was his own.

 

If it was his porch, would it be illegal?

[DSD1026 48]

if it was his own porch, not really, unless he was pointing it at people passing by.. 

[Crusher 0]

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.

[Fred2 367]

And.....

 

If this was a multi family home with a common porch.

 

Would it be "his" porch?

[1LtCAP 4,264]

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?

[Tack Tickle 0]

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."

[BlueLineFish 615]

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

[Tack Tickle 0]

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

[Cbrrmike 0]

Regardless of all debate, the person in the article is a felon... Equaling unlawful possession

[ryan_j 0]

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?

[RUTGERS95 890]

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

[Tack Tickle 0]

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?

[gunguy1960 2]

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.

[1LtCAP 4,264]

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?

[maintenanceguy 510]

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. 

[Dirt diver 0]

"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

[brocglock23 4]

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.

[maintenanceguy 510]

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!