Anselmo

Invoking one's constitutional rights should NOT be seen making one look guilty.

The actor demanded that the intruder disarm, surrender or withdraw, and the intruder refused to do so. You are reading that the YOU (just for emphasis, not yelling) get to choose which of the 3 (disarm, surrender or withdraw) the intruder must do before you are justified to use force. The intruder may argue that he was withdrawing (albeit with your computer) and therefore you did not have justification to shoot him. Scenario: You confront an intruder in your house stealing your computer. You tell him to drop the computer. You tell him that you are armed. Intruder panics and attempts to run out the door with your computer. You shoot him as he is withdrawing. It can be argued that you are not justified. You have to think he is going to hurt you in order to use force.

I hope you were in Mexico for business and not pleasure.

Post a pic of the 617. 6 shot or 10?

Stop arguing and start learning. N.J.A.C. 13:54-1.2 Definitions Read it. It is codified. A judge threw out a conviction years ago because the law was too vague so the state made it less vague.

Sadly, if you wind up in Superior court, legal fees will be a few thousand, not a few hundred.

What does incapacitated mean with regards to the data? If someone gets hit in the shoulder with a .22 and gives up and crawls into a fetal position is that incapacitated? I mean, is it both physical or physical and psychological incapacitation?

The problem with NJ is there are no standard operating procedures or standards to approve/deny the FID. You could get denied and someone with the exact same application get approved in the next town.

The important thing is that he wasn't injured. I assume he wasn't injured. Glass and metal can be repaired or replaced. The insurance company will cut him a check for what they think the car was worth. If your friend things their price is good, then take it. If your friend thinks the insurance company is low-balling him, he can negotiate the pay out. Your friend might get called to be a witness if the other driver contests the ticket. I got hit and dragged into that crap. I was out the court house for 2 hours while the prosecutor let the other driver plea the ticket down. No one ever talked to me. Point is, you can't worry about the other driver and what ticket they got. Just file the claim, hopefully with her insurance company, and see how much he can get.

Government should not be telling business how to run their business or delegating crime prevention to a private business. I don't see this law surviving a constitutional challenge.

It got the Frito Bandito on the second guess. Akinator knows all.

When he was at the police station, he was in custody. He was read the Miranda rights before being placed into custody and then after being placed into custody. After Patrolman Forker advised him of his Miranda rights, defendant admitted that he had stabbed Rivera with a screwdriver and had thrown the screwdriver into the alley. Patrolman Forker placed defendant under arrest. The police found the screwdriver in the street near a telephone pole on the opposite side of Hills Place. Defendant was taken to Trenton Police Headquarters where he was again read his Miranda rights. Defendant signed a form acknowledging that he understood those rights, and issued a statement.

You could carry a >15 round magazine through NJ with the Federal protection. If it is legal where you started and legal where you're going.

NJ does not define misdemeanor and felony. NJ has offenses and crimes. See form sts-033 lines 19 and 20. An offense is equivalent to a misdemeanor while a crime is equivalent to a felony.

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.

While it may not be applicable to mention it on the application, the local PD can deny your FID because the offense is on your record.

^^ This post should be a sticky. There is no requirement to retreat in your home. Killing and murder do not mean the same thing. Actually, NJ law goes beyond "reason to believe that you are in grave danger" and allows use of force force in self-protection unless you can "retreat with complete safety".

If your friend can use Word or another word processing program and is willing to put in some time playing secretary, he can do it himself. I did it myself. It took about 5 months from initial filing until I got the letter from the State Police that my record was expunged. NJ has an online expungement package but the pdf files are kinda lame and I retyped some of the forms. expungement kit Step 1. Call up the municipality where he got arrested and get the formal disposition letter of his arrest and conviction. It cost me $10 to get this letter. If you want to hire a lawyer, call around. They range from $700 to $1500. Expungement of drug charges varies by the charge: Notwithstanding the provisions of sections 2C:52-2 and 2C:52-3, after a period of not less than one year following conviction, termination of probation or parole or discharge from custody, whichever is later, any person convicted of an offense under chapters 35 or 36 of this title for the possession or use of a controlled dangerous substance, convicted of violating P.L.1955, c. 277, § 3 (C. 2A:170-77.5), [FN1] or convicted of violating P.L.1962, c. 113, § 1 (C. 2A:170-77.8), and who at the time of the offense was 21 years of age or younger, may apply to the Superior Court in the county wherein the matter was disposed of for the expungement of such person's conviction and all records pertaining thereto. The relief of expungement under this section shall be granted only if said person has not, prior to the time of hearing, violated any of the conditions of his probation or parole, albeit subsequent to discharge from probation or parole, has not been convicted of any previous or subsequent criminal act or any subsequent or previous violation of chapters 35 or 36 of this title or of P.L.1955, c. 277, § 3 (C. 2A:170-77.5) or of P.L.1962, c. 113, § 1 (C. 2A:170-77.8), or who has not had a prior or subsequent criminal matter dismissed because of acceptance into a supervisory treatment or other diversion program. This section shall not apply to any person who has been convicted of the sale or distribution of a controlled dangerous substance or possession with the intent to sell any controlled dangerous substance except: (1) Marihuana, where the total sold, distributed or possessed with intent to sell was 25 grams or less, or (2) Hashish, where the total amount sold, distributed or possessed with intent to sell was 5 grams or less.

If we had carry and castle would we see a reduction in crime? Carry and castle would allow the law-abiding citizen a better chance to defend themselves and achieve a better outcome when faced with a violent threat. Fear of arrest and incarceration does not deter the criminal. Fear of death at the hands of their victim will not deter them either.

Better make sure you really were where you said you were. Lying to the police will not be a good thing at 1am. Saying you're headed to/from a range is not some sort of free pass to transport a handgun in your trunk whenever you want. If the cop doesn't believe you and arrests you and then the Firing Line cannot corroborate your story... You're going to be in trouble.

With common/business sense like that you probably wouldn't have people bad mouthing you to begin with.

I saw a big sign in Home Depot last week saying the incandescent bulbs will stop being sold in January and to check out their nifty new LED bulbs on sale for only $49. I have a lot of dimmers in my house and will need special bulbs going forward. I'm not worried.

From what I read, they crossed at an official border crossing and turned around and crossed back into Mexico. Maybe the Mexican soldiers and the US border agents were laughing about the whole mix up. Stop the paranoia.

What do you propose we do about it?