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Katie Park

Newspaper reporter looking to interview a subject for a story...

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14 minutes ago, Mrs. Peel said:

Just curious, did you speak yet with the Comm's person from CNJFO? She'll be a great first line of information and could also get you set up for a range day very easily. 

Yes, just got off the phone with Theresa (sp.?) She is looking into setting me up with some of her contacts at a shooting range and gun shop. I'd also like to talk with a few of you (who are willing to speak) in the next couple of days about your experiences buying and carrying. 

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2 minutes ago, Katie Park said:

Yes, just got off the phone with Theresa (sp.?) She is looking into setting me up with some of her contacts at a shooting range and gun shop. I'd also like to talk with a few of you (who are willing to speak) in the next couple of days about your experiences buying and carrying. 

Carrying in New Jersey? You’re kidding! Right?

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25 minutes ago, Katie Park said:

After reading everyone's comments so far, I've expanded the story to this, in addition to my original request (which is at the very beginning of this thread): 

1. What is the process to legally buy and carry a gun (rifles, long guns, shotguns, then handguns) in this state? I want to speak with various people and listen to their experiences of buying or carrying (or trying to buy or carry), and not just read state protocol, which I know is in abundance online. I plan to go to my municipal police department and request an application for owning a shotgun/rifle/long gun. 

2. Which mental conditions preclude applicants from owning any kind of gun in NJ? Do common diagnosed conditions, like depression and anxiety (among others), disadvantage applicants? 

3. What other factors, in your experience, pose as a particular advantage or disadvantage to applicants for legal gun ownership in NJ? 

Like I mentioned before, I plan on visiting a gun shop and shooting range around here for this story. 

Hope this helps clarify some forum members' questions. As I mentioned, please feel free to contact me, either on this website, at 908-801-4853, or at [email protected] Ideally, I'd like to have the ball rolling on interviews and meet-ups by Thursday, March 8, although there's a very good chance this impending nor'easter will delay things. 

you will find that nj is may issue on paper and no issue in practice.

5 minutes ago, Katie Park said:

Yes, just got off the phone with Theresa (sp.?) She is looking into setting me up with some of her contacts at a shooting range and gun shop. I'd also like to talk with a few of you (who are willing to speak) in the next couple of days about your experiences buying and carrying. 

i carry at work(own business) and home. it's the only places that it's legal in nj.

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1 minute ago, BobA said:

I don't think she is.  I think this is just one of the many misconceptions out there. 

I'm aware the state rarely grants carrying permits of any kind to most people, but I figured I'd ask if anyone on this forum has successfully been given a permit. 

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10 minutes ago, Katie Park said:

Yes, just got off the phone with Theresa (sp.?) She is looking into setting me up with some of her contacts at a shooting range and gun shop. I'd also like to talk with a few of you (who are willing to speak) in the next couple of days about your experiences buying and carrying. 

OK, that's really great! There's a lot of information to absorb about guns (as there is with any new subject matter, of course... but the firearms topic, in particular, crosses into an awful lot of other subject areas: legal, political, etc. For that reason, it's a more complex topic than, say, archery or golf, etc.). I'm sure you'll get a really good overview through her contacts.

 

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27 minutes ago, Katie Park said:

I'm aware the state rarely grants carrying permits of any kind to most people, but I figured I'd ask if anyone on this forum has successfully been given a permit. 

Nope - only Current/Former LEOs.  

I have some out of state non-resident permits and have carried while on trips where it's legal (FL, TX, IN, KS, etc.)

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35 minutes ago, Katie Park said:

I'm aware the state rarely grants carrying permits of any kind to most people, but I figured I'd ask if anyone on this forum has successfully been given a permit. 

NJ issues carry permits to politicians, Judges and some well connected to them. There are NO carry permits issued for self defense in this state!

The only people who carry on the streets of New Jersey are the cops and the criminals!

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If your Steve Sweeney, you get a permit in this state.  otherwise...fuggedaboutit

As of the end of 2013, there were 1,212 active Handgun Carry Permits in New Jersey, out of a population of nearly 9 million residents.[24]  https://en.wikipedia.org/wiki/Gun_laws_in_New_Jersey

Let that sink in for a minute...there are almost 9 MILLION NJ residents......and 1212 carry permits.  

That is 0.0135 % of the population.  I think the odds of being struck by lightning are better.  New York has over 88,000 concealed carry permits issued; Pennsylvania has about 1.3 Million .... Even Freaking Massachusetts - no friend to gun owners - has issued over 400,000.  Just how often do you hear about any problem with concealed carriers from these states?  It just doesn't happen. 

People here in NJ are dying because of this.....its a documented fact!  On top of this, New Jersey wants to lock up people who run afoul of thes laws thru minor technical mistakes or mis-steps.  Single mothers from PA who unknowingly cross the border and run afoul of our goofy, contradictatory gun laws....yet the SAME PROSECUTOR was happy to let an NFL wife-beater --they had him ON CAMERA-- and let him off and walk scott-free!  Think I'm kidding?  Its real, its documented.

New Jersey IS the problem.

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25 minutes ago, W2MC said:

If your Steve Sweeney, you get a permit in this state.  otherwise...fuggedaboutit

As of the end of 2013, there were 1,212 active Handgun Carry Permits in New Jersey, out of a population of nearly 9 million residents.[24]  https://en.wikipedia.org/wiki/Gun_laws_in_New_Jersey

Let that sink in for a minute...there are almost 9 MILLION NJ residents......and 1212 carry permits.  

That is 0.0135 % of the population.  I think the odds of being struck by lightning are better.  New York has over 88,000 concealed carry permits issued; Pennsylvania has about 1.3 Million .... Even Freaking Massachusetts - no friend to gun owners - has issued over 400,000.  Just how often do you hear about any problem with concealed carriers from these states?  It just doesn't happen. 

People here in NJ are dying because of this.....its a documented fact!  On top of this, New Jersey wants to lock up people who run afoul of thes laws thru minor technical mistakes or mis-steps.  Single mothers from PA who unknowingly cross the border and run afoul of our goofy, contradictatory gun laws....yet the SAME PROSECUTOR was happy to let an NFL wife-beater --they had him ON CAMERA-- and let him off and walk scott-free!  Think I'm kidding?  Its real, its documented.

New Jersey IS the problem.

Along these lines, let's not forget Ms. Brown who was into her 40th day of the 30 day period waiting for her gun permit.  She had a restraining order against her abusive ex-fiancee of whom she was frightened for her life.  Ms. Brown wasn't asking for a permit to carry.  Just to have one in her house in case this nut returned to hurt her.  He returned and stabbed her to death.  In the wake of this Gov. Christy via executive order placed people who have restraining orders against their ex partners for domestic violence could move to the top of the pile so they could be issued first.  Gov. Murphy rescinded that order.  I wonder what the Governor has against abuse victims?  I sure your paper covered this.

 http://www.nj.com/camden/index.ssf/2015/06/nj_gun_association_calls_berlin_womans_death_an_ab.html

https://www.courierpostonline.com/story/news/crime/2015/06/04/woman-fatally-stabbed-berlin-twp/28461361/

http://www.foxnews.com/us/2015/06/10/no-one-helped-her-nj-woman-murdered-by-ex-while-waiting-for-gun-permit.html

 

 

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I have waited 7-8 months for my initial FPID in NJ and all subsequent permits to purchase a handgun. I moved back to NJ from SC 20 years ago. At that time I had at least a dozen firearms. Mostly handguns and I had a CCW in SC for which I had to take a course. My first handgun purchase ever was in SC. I immediately went from DMV to a Pawn Shop across the street. Handed the clerk my brand new SC Driver's license. They swiped it like a credit card and within seconds I was approved by NICS and walked out with my new used handgun. Did the same thing a few days later. The State of NJ doesn't even allow firearms to be pawned. After waiting 8 months for PTP I have waited another 3 days for a NJ NICS approval. This is 20 years later. Computers have increased immensely in speed, but not NJ NICS.

 

 

As for a CCW I was denied in the past by Chief and I applied again recently. I know our township firearms officer and he understands why I am applying (to hopefully join lawsuit), but he told me there is no chance the chief will sign off on it. I know the chief personally and his wife most of my life. The reason he won't sign off is because the Monmouth County Prosecutors Office made former Chief Stu Brown's life miserable, because he signed off on Ricky Pantano's CCW application. Even though the chief approved it and testified to the judge that he thinks it is needed, because the police could not provide around the clock protection for Mr. Pantano, the County Judge denied it. The NJ Supreme Court initially granted Cert to hear Pantano's case, but right before oral arguments they changed their mind and reversed themselves, and refused to hear his case. Due to a lack of financial backing from 2A Groups, and his lawyer Evan Nappen wanting six figures to appeal to the federal courts (even though he promised the public to the media he would appeal), Mr. Patano could not continue with his case.

 

 

Edit: I currently have CCW Permits in NH, Utah, and Florida.

 

 

 

 

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I wasn't trying to buy a MSR immediately before or after the Florida incident.

these tragedies generally cause a lot of panic buying. The increased demand causes prices to skyrocket. So unless you were already planning on buying prior, right now is the worst time to buy.

I'm interested in a MSR pistol as a brush gun since some of the places I hunt are densely wooded. I think it'll be awhile before I buy it.

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Yes, you can carry at home, but nj has a very weak castle doctrine.
Weak isn't the word for it. You have a duty to retreat from your own home unless your life or life of loved ones is in eminent danger and there is no path to retreat.

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Here is a perspective of a student from Georgia who almost experienced a school shooting, but law enforcement did their jobs 4 months ago and prevented it.


http://dailysignal.com/2018/03/06/i-go-to-a-school-where-an-attack-was-foiled-heres-why-im-against-limiting-gun-rights/


Also there are many students from MSD who do not agree with the core group who are pushing the agenda of the left. I bring this up because it is important. I am especially disgusted by the appearance of two of them on the Bill Maher Show. They said they "forgive the generations who F'd everything up, but they are going to fix it". To me that comment showed complete disrespect to the Greatest Generation. Men who defeated the Nazis. Who jumped out of perfectly good airplanes and boats and stormed the beaches of Normandy head on straight into Nazi Machine Gun fire.

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15 minutes ago, capt14k said:

I have waited 7-8 months for my initial FPID in NJ and all subsequent permits to purchase a handgun. I moved back to NJ from SC 20 years ago. At that time I had at least a dozen firearms. Mostly handguns and I had a CCW in SC for which I had to take a course. My first handgun purchase ever was in SC. I immediately went from DMV to a Pawn Shop across the street. Handed the clerk my brand new SC Driver's license. They swiped it like a credit card and within seconds I was approved by NICS and walked out with my new used handgun. Did the same thing a few days later. The State of NJ doesn't even allow firearms to be pawned. After waiting 8 months for PTP I have waited another 3 days for a NJ NICS approval. This is 20 years later. Computers have increased immensely in speed, but not NJ NICS.

 

 

As for a CCW I was denied in the past by Chief and I applied again recently. I know our township firearms officer and he understands why I am applying (to hopefully join lawsuit), but he told me there is no chance the chief will sign off on it. I know the chief personally and his wife most of my life. The reason he won't sign off is because the Monmouth County Prosecutors Office made former Chief Stu Brown's life miserable, because he signed off on Ricky Pantano's CCW application. Even though the chief approved it and testified to the judge that he thinks it is needed, because the police could not provide around the clock protection for Mr. Pantano, the County Judge denied it. The NJ Supreme Court initially granted Cert to hear Pantano's case, but right before oral arguments they changed their mind and reversed themselves, and refused to hear his case. Due to a lack of financial backing from 2A Groups, and his lawyer Evan Nappen wanting six figures to appeal to the federal courts (even though he promised the public to the media he would appeal), Mr. Patano could not continue with his case.

 

 

Edit: I currently have CCW Permits in NH, Utah, and Florida.

 

 

 

 

I may misremembering, but I seem to remember that the NJSC granted cert just before Judge Stu "I'm just passing trough" Rabner -folks that read Bob Ingle's "The Soprano State" will get it- was due to be reappointed.  Once he got it, he did a Emily Litella "never mind". At the time it looked like Judge Rabner had head faked Gov. Christie.

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I may misremembering, but I seem to remember that the NJSC granted cert just before Judge Stu "I'm just passing trough" Rabner -folks that read Bob Ingle's "The Soprano State" will get it- was due to be reappointed.  Once he got it, he did a Emily Litella "never mind". At the time it looked like Judge Rabner had head faked Gov. Christie.
I believe you are correct.

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On 3/5/2018 at 5:24 PM, Katie Park said:

@siderman, I'm planning on going to a local gun shop and also a shooting range, if time permits, as part of this story. While I won't be buying a gun in the next week while I do this piece for work, I feel like this will certainly be educational, not only to me, but to others who read this. 

You wouldn't be able to legally purchase a firearm in NJ within a week even if your life depended on it.

I suggest you speak with Carol Bowne  for more information on the expediency of purchasing a firearm in NJ after a woman has obtained a restraining order and documented threats to her life.

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3 hours ago, Katie Park said:

After reading everyone's comments so far, I've expanded the story to this, in addition to my original request (which is at the very beginning of this thread): 

1. What is the process to legally buy and carry a gun (rifles, long guns, shotguns, then handguns) in this state? I want to speak with various people and listen to their experiences of buying or carrying (or trying to buy or carry), and not just read state protocol, which I know is in abundance online. I plan to go to my municipal police department and request an application for owning a shotgun/rifle/long gun. 

2. Which mental conditions preclude applicants from owning any kind of gun in NJ? Do common diagnosed conditions, like depression and anxiety (among others), disadvantage applicants? 

3. What other factors, in your experience, pose as a particular advantage or disadvantage to applicants for legal gun ownership in NJ? 

Like I mentioned before, I plan on visiting a gun shop and shooting range around here for this story. 

Hope this helps clarify some forum members' questions. As I mentioned, please feel free to contact me, either on this website, at 908-801-4853, or at [email protected] Ideally, I'd like to have the ball rolling on interviews and meet-ups by Thursday, March 8, although there's a very good chance this impending nor'easter will delay things. 

Katie, first I would like to applaud you for the fact that you are willing to expand your story after hearing feedback.  I know firearms can be controversial and I hope going through the process and meeting people will make you see that it's not a bunch of bitterly clinging nuts.  So, bravo to you for that and making the commitment to start the process.

Second, the buying and carrying process in NJ really breaks into two categories.  To purchase firearms, you need to obtain a Firearms Purchaser ID Card (FPID).  That will allow you to purchase long guns (rifles and shotguns).  To purchase a handgun, you need to go through the same process as above, but you also need to request a handgun purchase permit.  You can only apply for up to three per request, they expire in 90 days, you can only purchase one every 30 days and they can e extended up to 120 days at your request to your Chief of Police.  You will fill out several documents - one of which is a mental health release - and have to get fingerprinted.  To carry, you need to go through additional steps.  You need to have documentation saying you are familiar with the gun you will conceal carry (CCW) as well as additional documents.  The Chief Law Enforcement Officer (CLEO) of your town or State barracks "shall" approve a CCW application if you can prove you are qualified and have a justifiable need.  If the CLEO approves the application a judge must then give additional approval of the application and your CCW is granted.  However, and this is a BIG however, the justifiable need portion is how NJ issues so few licenses.  It is a catchall that allows CLEO's and judges to use their own personal discretion to allow or not allow citizens to carry handguns in NJ.  Ammoland submitted an OPRA with NJ to obtain the number of CCW permits issued for 2014 and 2015 - CCW's expire every 2 years so two years will cover all CCW's at any given time - and there was a total of 496 issued.  Out of 8.9 million residents.  On top of that, that number includes people who CCW for work.  Something else to note is that there are different tiers of CCW in NJ.  One is a full CCW - carry anywhere outside of gun-free zones at any time - and working CCW.  Working CCW as restrictions that allow the holder to only carry while at work and doing a job that requires the CCW.  Think armed guards.  There are, maybe, tens of regular citizens in NJ that can carry.  The majority of that 496 number is armed guards and politicians/judges.  We are quite aware that many politicians and judges have CCW licenses.  It tells us that citizens are truly two separate classes in NJ.  Those whose lives are important enough to protect with arms, and everyone else.

Technically, NJ is an open carry state for long guns.  It may sound odd, but it is technically legal in NJ to walk around with a rifle.  But we are so far removed from that reality that no one would actually do it.

Being diagnosed with depression and anxiety absolutely puts you at a disadvantage when trying to apply for an FPID.  The form has an item (dreaded number 26) that asks about "be[ing] treated ...by any doctor...for any mental or psychiatric condition."  Anyone applying is left on their own trying to figure out what falls under those categories.  You risk forever losing your right by answering it incorrectly.

NJ has extraordinarily difficult and capricious law and regulations around gun ownership.  I was talking to my brother the other night who lives in South Carolina.  I was trying to explain the NJ transport laws.  It is nearly impossible to constantly stay within all bounds of NJ firearms laws.  It is if lawmakers are trying to make law abiding citizens into criminals.  

Among the list of items considered "weapons" under 13-54 are billyclubs, blackjacks and cestus (cesti?).  BB guns, air rifles and slingshots are considered firearms.  Companies will not sell salt guns in NJ due to restrictions.

NJ has some of the most firearms draconian laws in the US.  First offense for having a slingshot (or cestus) is a crime in the fourth degree.  

We have had debates that go on for pages about whether or not you can take a lower receiver and build it into a handgun then a rifle - which may or may not be legal depending on the paperwork used to purchase it - and debating the difference between switching it starting as a rifle and then into a handgun and vice versa.  Even our CLEO's can't figure it out.

At the end of the day, we are all just trying to abide by the law but we all own firearms for different reasons. 

The Constitution is the guide we will not abandon; and we have a special appreciation for the Second Amendment.  

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37 minutes ago, capt14k said:

Weak isn't the word for it. You have a duty to retreat from your own home unless your life or life of loved ones is in eminent danger and there is no path to retreat.

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If you own the home (not a renter etc.) you do not have a general duty to retreat.  The exceptions are if the person coming into your home is:

a LEO (and you are resisting arrest),

the actual owner of the property is evicting you, or

you provoked the use of force against yourself.

Section 2, subsection b, item i states:

(i)The actor is not obliged to retreat from his dwelling, unless he was the initial aggressor; and

 

https://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-3-4/

This is actually a perfect example of the absurdity of NJ laws.  If you are being carjacked you cannot protect yourself.  You must comply with the carjacker.

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Ms. Park,

Carol Bowne's story is indeed tragic! Her name is spelled BOWNE in case you want to look it up further. It's just another case where an innocent woman died due to the fact that her life was threatened, the police do not have an obligation to protect her and New Jersey would not allow her to protect herself!!!

I met her family shortly after she was murdered. They were lovely but broken people! Unfortunately, there will be many more senseless deaths like Carol's simply because New Jersey does NOT care about us!

Below is a brief story about Carol Bowne from Fox News.

Published June 10, 2015

Carol Bowne, (l.), was stabbed to death outside her Berlin, NJ, home last by  an ex-boyfriend. (Courtesy: NJ.com/South Jersey Times)

Carol Bowne, (l.), was stabbed to death outside her Berlin, NJ, home last by an ex-boyfriend. (Courtesy: NJ.com/South Jersey Times)

Carol Bowne knew her best shot at defending herself from a violent ex was a gun, and not a piece of paper. And it was paperwork that left her unprotected when Michael Eitel showed up at her New Jersey home last week and stabbed her to death, say Second Amendment advocates, who charge local police routinely sit on firearms applications they are supposed to rule on within 30 days. 

Bowne, 39, had a restraining order against Eitel when he killed her in her driveway last Wednesday, but she was still waiting for Berlin Township Police Chief Leonard Check to approve the gun permit she had applied for on April 21. Tragically, she had gone to the township police department just two days before her death to check on the status of her languishing application. In another indication of her fear of Eitel, Bowne had recently installed surveillance cameras around her home, and the equipment recorded the 45-year-old ex-con attacking her as she arrived home and got out of her car. 

“Carol would have qualified for a permit since she was attacked; only now it’s too late.”

- Evan Nappen, New Jersey-based attorney and gun rights advocate

“She should have been granted that permit in a timely matter, especially given her status as a domestic violence victim,” said Evan Nappen, a New Jersey-based attorney who specializes in Second Amendment cases.

New Jersey's gun laws are among the nation's strictest, but law-abiding citizens are eligible to purchase and possess handguns after filling out forms available at their local police stations, submitting to a background check on any possible criminal history or mental health issues, giving fingerprints and paying a fee. Once those steps are taken, local police conduct a 14-point investigation and the chief is supposed to approve or deny for cause within 30 days.

Check did not return requests for comment, but gun rights advocates say it is not unusual for Garden State police chiefs to take several months to approve handgun permits for qualified applicants.

“The gun law’s intention is to be as difficult and cumbersome as possible,” Alexander Roubian, president of the New Jersey Second Amendment Society, told FoxNews.com. “They need to be repealed.

“The system is so outdated," Roubian continued. "In most states, you go to the store, get a background check, and purchase a weapon. A police chief should have no part of the process. This woman had a legitimate issue and no one helped her.”

A manhunt for Eitel, who had done time on a kidnapping conviction and had repeatedly threatened Bowne, began shortly after the murder and ended Saturday, when he was found dead of a self-inflicted gunshot in another ex-girlfriend's garage.

Bowne's case prompted state senators Dawn Addiego, Diane Allen and Jennifer Beck to announce plans to introduce a bill that will fast-track the handgun permit process for applicants who have obtained a restraining order.

“The tragic murder of Carol Bowne shows that there are sensible changes we should make to public safety laws to help people protect themselves,” said Addiego, a Republican whose district is in southern New Jersey. “This legislation will make sure that those who need protection the most are given priority when it comes to the lengthy process of applying for a firearms permit.”

However, Nappen said even if Bowne had obtained her permit and used a gun to protect herself, she could theoretically be facing charges today because she would not have been allowed to legally carry the gun outside with her. 

“New Jersey does not allow law-abiding citizens to get a carry license,” Nappen said.

 

Perry Chiaramonte is a reporter for FoxNews.com. Follow him on Twitter at @perrych

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Here is another thing for the story. NJ does not recognize federally issued FFL03 Licenses otherwise known as a C&R License. What this means is curio and relic firearms (those more than 50 years old) still have to be transferred through a NJ FFL01. C&R Pistols still require a permit to purchase for each one in NJ. If one has a FFL03 in NJ the only advantage in state is you don't have to apply for an exemption to one gun a month that almost everyone is granted anyways.

If I lived in a free state and had a FFL03 I would have saved thousands on FFL transfer fees. I could have C&R Rifles and handguns shipped direct to my home. Also as a federally licensed FFL03 I could buy any C&R Firearm from any person in any state. I believe a NJ licensed FFL03 can travel to other states and buy C&R firearms and bring them back to NJ, but they can't have them shipped. I say I believe because there is no clarification in the law. This same rule applies to antique longguns. If one travels to PA and buys a 1895 Chilean Mauser it is not a firearm, and can be bought without a FFL. Then you can legally bring it back to NJ. However you can not have an antique longgun shipped to your home in NJ, it must be transferred through a FFL01. Even more ridiculous is an antique pistol, including a flintlock or matchlock, is treated the same as a new Glock in NJ. You must have a PTP and if caught "carrying" one the penalties are the same. Federally and in all other states, except I believe Hawaii, Antique Longguns and Handguns made prior to 1898 are not even considered firearms.


The reason this is important to me is I don't buy fancy new plastic firearms. Sure I had one of each AR and AK Type before they went overboard in a boating accident while I was Target shooting in international Waters. These new restrictions being talked about in NJ actually wouldn't affect my collecting if not for under the new proposed AWB NJ wants me to destroy the history of my semi-auto rifles and their value by removing the bayonet lug. I suppose this is due to all those bayonet murders (sarcasm there is none).


Regardless whether I buy ARs or AKs or not I will fight for the right to own them, because the Second Amendment is not about hunting and personal protection. It is about the people being able to defend themselves and the republic from all tyranny whether foreign or domestic.

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If you own the home (not a renter etc.) you do not have a general duty to retreat.  The exceptions are if the person coming into your home is:

a LEO (and you are resisting arrest),

the actual owner of the property is evicting you, or

you provoked the use of force against yourself.

Section 2, subsection b, item i states:

(i)The actor is not obliged to retreat from his dwelling, unless he was the initial aggressor; and

 

https://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-3-4/

This is actually a perfect example of the absurdity of NJ laws.  If you are being carjacked you cannot protect yourself.  You must comply with the carjacker.

I stand corrected about the duty to retreat from dwelling, and you are correct that you must retreat from car, but there are other caveats:

 

c. (1) Notwithstanding the provisions of N.J.S.2C:3-5, N.J.S.2C:3-9, or this section, the use of force or deadly force upon or toward an intruder who is unlawfully in a dwelling is justifiable when the actor reasonably believes that the force is immediately necessary for the purpose of protecting himself or other persons in the dwelling against the use of unlawful force by the intruder on the present occasion.

 

(2)A reasonable belief exists when the actor, to protect himself or a third person, was in his own dwelling at the time of the offense or was privileged to be thereon and the encounter between the actor and intruder was sudden and unexpected, compelling the actor to act instantly and:

 

(a)The actor reasonably believed that the intruder would inflict personal injury upon the actor or others in the dwelling; or

 

(b)The actor demanded that the intruder disarm, surrender or withdraw, and the intruder refused to do so

 

 

So technically you must ask the armed intruder to leave or surrender first.

 

 

 

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42 minutes ago, GunsnFreedom said:

Technically, NJ is an open carry state for long guns.  It may sound odd, but it is technically legal in NJ to walk around with a rifle.  But we are so far removed from that reality that no one would actually do it.

Outside of the exceptions, (e.g. traveling to or from a range), this  still requires an FPID, and the gun must be unloaded...

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1 hour ago, GunsnFreedom said:

Hah, correct, but a dead man tells no tales.

So, would you be arrested and go to trial if you protected your family, or yourself, in a home invasion?  In most other states, you would not be arrested and tried, even if later it turned out they were unarmed .  Unarmed does not mean not a threat or not dangerous or not able to cause severe harm. In nj???

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Just now, SW9racer said:

So, would you be arrested and go to trial if you protected your family in a home invasion?  In most other states, you would not be arrested and tried. In nj???

I've looked and I haven't found anyone arrested and go to trial for something like this.  The only thing I have found was an off duty LEO that ran outside his house and shot at a couple kids fleeing in a car.  They actually just went to the wrong house late at night.

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1 minute ago, SW9racer said:

So, would you be arrested and go to trial if you protected your family in a home invasion?  In most other states, you would not be arrested and tried. In nj???

Well having noting to do with NJ gun laws but screwed up laws in general, you'd probably face a civil trial too.  The perp's family could crawl out of the woodwork to sue you.  And it's not about wining and losing or right or wrong.  It's about the settlement. Provided of course your home owner's covers you.  

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