Everything posted by Darrenf
-
2A - Wrongfully charged resident found not guilty!
Would be great were it still that way, but a lot has changed since then. This document in the link was last updated in 2011. https://www.judiciary.state.nj.us/criminal/charges/justif001.pdf Note paragraph 2 on page 3. It even states a porch is included in the retreat requirement. "If you find that the defendant knew that he/she could avoid the necessity of using deadly force by retreating, provided that the defendant knew he/she could do so with complete safety, then the defense is not available to him/her.4 [CHARGE WHERE APPLICABLE: A dwelling includes a porch or other similar structure.]5"
-
2A - Wrongfully charged resident found not guilty!
Not true, in fact there are forums dedicated to just such things. http://forum.freeadvice.com/ for example. And I'm not even asking for advice, just expert interpretation of a statute. Any lawyer, properly trained, can load the answer with caveats in order to eliminate liability. Just for sh&ts and giggles I just posed the question at this website....http://www.lawyers.com/Ask-a-Lawyer/Ask-a-Question.html?msg=confirm&questionid=870889&aopid=731 If I hear back from them I'll post their response here.
-
2A - Wrongfully charged resident found not guilty!
Thanks for that, but judgments handed down in court are opinions, and since that is what can determine your fate, that seems to be quite important.
-
2A - Wrongfully charged resident found not guilty!
Clear as day it says FROM his dwelling. In English that means to leave your dwelling. Of course in a court of law that might be debatable, and that is what I am trying to determine. Maybe when you get home we can find out more.
-
2A - Wrongfully charged resident found not guilty!
Does anyone have this book? If the answer is in there I'll have to get it... http://www.evannappen.com/gun-law-books.html
-
2A - Wrongfully charged resident found not guilty!
Sure it works that way, sorry, but I'm inclined to take expert opinion over my own if I'm not educated in the subject. I can read (and do) plenty for myself, but law is a different animal, since it is always open to interpretation (take note this topic is on 2A, itself heavily debated and interpreted). If there are no lawyers here to speak on it, then it's fun and all to discuss, but I wouldn't count on any opinions in here if I had to face a judge.
-
2A - Wrongfully charged resident found not guilty!
And that shows you do not need to retreat while inside the dwelling where?
-
2A - Wrongfully charged resident found not guilty!
Can you point to the statute that specifies that please? Why would the subsection (i) mention retreating FROM the dwelling if the section it is in is not applicable to being inside the dwelling?
-
2A - Wrongfully charged resident found not guilty!
If there are any lawyers here that can speak authoritatively, instead of us all speculating, that would be great.
-
2A - Wrongfully charged resident found not guilty!
You left out the section above what you quoted.... (2)The use of deadly force is not justifiable under this section unless the actor reasonably believes that such force is necessary to protect himself against death or serious bodily harm; nor is it justifiable if: (a)The actor, with the purpose of causing death or serious bodily harm, provoked the use of force against himself in the same encounter; or (b)The actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that: (i)The actor is not obliged to retreat from his dwelling, unless he was the initial aggressor; and" I bolded the pertinent parts. http://www.njlaws.com/Use_of_Force_in_Self_Protection_2C.3-4.htm
-
2A - Wrongfully charged resident found not guilty!
That still says you have a duty to retreat, just not a duty to retreat FROM your dwelling. That means you don't have to leave your home, but if you still have a room behind you to retreat to and you think you can safely get there, you have a duty to do so.
-
2A - Wrongfully charged resident found not guilty!
Your statement appears to be in conflict with what these lawyers say... "Deadly Force and Civil Duty to Retreat A deadly force is not justifiable when an opportunity to retreat with complete safety is known by the defender to be at hand. The use of such force is not justifiable if the defender knew that it could have been avoided with complete safety to himself by retreating. Where these conditions are present, the defender has a duty to retreat, and his use of a deadly force under these circumstances cannot be justified as an act of self defense." http://www.njlaws.com/self-defense.htm Believe me, I hope you're right, but some evidence would be great.
-
2A - Wrongfully charged resident found not guilty!
I believe even inside your dwelling you still have a duty to retreat. You have to be trapped with no unblocked exit in order to discharge. At least that's how I understand it, would love to be proved wrong though.
-
Christie Pardons Allen
- Funny how ignorant PA people are of NJ gun laws!
What makes you think you'd get a correct answer from the state police?- Dumping Comcast and going Digital Antenna ???????
If you have any plans on doing over the air viewing in Absecon you are definitely going to need a roof or tower mounted antenna to get anything from Philly. I'm 15 miles closer being near Hammonton and couldn't get crap with a $100 indoor antenna in my attic.- Teaching kids to shoot at WMA's
If you don't have one yet and are near Makepeace WMA I'll be happy to meet you guys there sometime.- Dick's (Mays Landing) shelves EMPTY !
April 15th 6pm.- What Happened to Me because of the .22 Shortage
So I could purchase at those prices?- What Happened to Me because of the .22 Shortage
Ahh, that's the secret. All the other forum posts I've seen on the topic say about 10 cents a round for the bullet itself in qty of 5000.- What Happened to Me because of the .22 Shortage
Can you share your secret, I might want to get into reloading 9mm.- 22LR Remington Bucket O'Bullets at DSG, Mount Holly
Ahh. Didn't realize it was a sale. Thanks.- Winchester 9mm white box $21.99 per 100 shipped
+1 for fast shipping from Academy.- 22LR Remington Bucket O'Bullets at DSG, Mount Holly
I bought at Mount Laurel for $69.99. You sure about that price?- Dick's (Mays Landing) shelves EMPTY !
I don't think there will be anything to "join". Just walk in, pay a fee and use the range. It's a nice bonus for the store, but I doubt many will be making any sort of trip just to use it. - Funny how ignorant PA people are of NJ gun laws!