My wife and I are going to place an ad on Craigslist to sell our home. I will not know these potential buyers at all. Am I allowed to conceal carry my handgun in my home? Also, I would appreciate any comments / concerns about this. I have no formal training with drawing from a holster, but I have done it many times with snap caps.

 

I pretty much don't feel comfortable letting these potential buyers in my home without carrying. We are obviously trying to save the real estate commission, otherwise I would have a broker "qualify" these folks.

 

Thank you,

Joe

CC in your home and on your property is ok.

 

If you feel uncomfortable I would say get out to a rage and practice, practice, practice.

 

Harry

If you feel uncomfortable carrying a firearm, then carry a knife and a bright flashlight. Just as easy to conceal, and effective enough if you use them the right way. Even in broad daylight, a good flashlight is bright enough to stun an attacker for a split second.

CC in your home and on your property is ok.

 

Harry

 

Just as clarification... Say I'm out mowing my lawn. I can conceal carry? I had heard this before but it was from one of those guys that knows everything about everything, and is usually full of it.

Just as clarification... Say I'm out mowing my lawn. I can conceal carry? I had heard this before but it was from one of those guys that knows everything about everything, and is usually full of it.

I'm not entirely certain about that, I think you can. The only issue is, you're pretty much screwed if you use it outside your home. Like I said, carry a knife and a flashlight.

But if it's legal then I can drink fortys on my stoop with a Glock in my pocket.

Just as clarification... Say I'm out mowing my lawn. I can conceal carry? I had heard this before but it was from one of those guys that knows everything about everything, and is usually full of it.

 

It's legal but it's not like you can use it. As far as I know you would still have the duty to retreat into your house. Which in my opinion is BS. What if you live on a large piece of property? I grew up on 18 acres. The lawn was immense. If something happened I would be hundreds of yards away from being able to retreat into my house.

I understand trying to save on RE commissions but I don't see how CCW solves much for you. You're still letting strangers into your house and they can see your stuff and what they might want. You need to develop a screening process for potential buyers to avoid any scams or troublemakers.

Just as clarification... Say I'm out mowing my lawn. I can conceal carry? I had heard this before but it was from one of those guys that knows everything about everything, and is usually full of it.

 

 

Yes you can carry while out mowing your lawn, as other have said you do have a duty in NJ to retreat into the home but when it's all said and done if there was something that could not be avoided and your were in immediate fear of your life it would be better to be tried by 12 than carried by 6.

 

That's the extreme, but this is where street smarts come into play, as in it's not how well you can defend yourself, but how well you can identify a problem and either diffuse it or avoid it entirely.

 

Harry

If anybody ever turns to robbin' and rapin', definitely give a good look at NJ.

 

Catch your asses as you pull into your driveway from work. I know some of you guys have some nice guns. And nice lookin’ wives.

 

 

Friggen awful state of affairs.

I appreciate the replies and I am glad to see we can at least carry in our own NJ home. I am a little apprehensive about carrying, but I will do it. It will be my first time, it is a Glock 23 (no traditional safety) and I will carry one in the pipe. I need to look into a new range b/c the Pocono Pistol Club will not let you draw from a holster unless you go on tactical night which is too difficult for me.

 

I always carry a folding knife (even in the house) and like the flashlight idea. Although, I should probably give the knife to my wife. She was raised in the Phillipines and she could filet him like a fish better than me.

 

Thanks again,

Joe

As far as I know you would still have the duty to retreat into your house.

 

you do have a duty in NJ to retreat into the home

 

The use of force training materials for Retired Police Officer training says you do have an obligation to retreat from any encounter when less than lethal force is being used against you but you do not have to retreat if someone is using deadly force against you. I do think this would be the same for everyone in NJ who is not a LEO.

 

If you run into the house you do not have an obligation to retreat from any force if you are in your own home.

I understand trying to save on RE commissions but I don't see how CCW solves much for you. You're still letting strangers into your house and they can see your stuff and what they might want. You need to develop a screening process for potential buyers to avoid any scams or troublemakers.

 

 

#1 RE people don't screen $hit. They'll bring Charles Manson into your house if they think they can make a sale.

 

#2 I think the more likely threat is BG's casing your house for a future robbery and how would the companionship of a real estate agent stop that?

 

Be smart.. If you want to carry... OK Don't let swarms or groups in your house. Don't leave grandma's diamond ring around.

If you have an open house, invite some friends to help you.

 

Use your knoggin...

i think packing heat for an open house is a little extreem and you run the risk of scareing away a potential buyer, the vast majority of people coming to an open house are looking to buy a house. the rest are mostly nosey neighbors.

i think packing heat for an open house is a little extreem and you run the risk of scareing away a potential buyer, the vast majority of people coming to an open house are looking to buy a house. the rest are mostly nosey neighbors.

 

 

Bob, Won't scare anybody away if done properly. It is CONCEALED carry.

glock 23 condition 1 no experence.

#1 RE people don't screen $hit. They'll bring Charles Manson into your house if they think they can make a sale.

 

#2 I think the more likely threat is BG's casing your house for a future robbery and how would the companionship of a real estate agent stop that?

 

Be smart.. If you want to carry... OK Don't let swarms or groups in your house. Don't leave grandma's diamond ring around.

If you have an open house, invite some friends to help you.

 

Use your knoggin...

 

1. You could state you only want people that are prequalified for a mortgage to visit. RE will bring in Manson if they think they can make a sale but they won't waste their time if the they think the person is just looking/casing.

 

2. I fully agree that the threat is a future robbery and the RE won't be there and most likely the homeowner won't wont be there either. CCW in your house won't help if you're not home.

glock 23 condition 1 no experence.

 

Yeah that's what was running through my head also...even LEO's come down with a case of Glock Leg every now and then.

 

Dry firing isn't bad and certainly beats not practicing but if you can, get to a range that allows you to draw from a holster and shoot. Take it slow and work up to speed.

 

 

Best of luck.

You could ask for a mortgage pre-qualification before you allow them to come view the house. Every potential buyer should have one, otherwise they would be looking at houses with no idea of what they can afford, that is unless they would be paying cash. In that case you could ask to see a bank statement of funds. Explain to them it is for safety reasons, any reasonable potential buyer would go along with it as this kind of stuff is what the real estate agents do so they avoid wasting their time with nonsense.

 

This will accomplish two things... a) they are really qualified potential buyers looking for a home b) record of identification so that if something does happen a week from now, you have suspects #1. No criminal with half a brain would do that when you have their information. There is the risk of counterfeit documents, but you could always call the mortgage bank for verification.

 

As for carrying a concealed gun anywhere on your property, that is correct that this is an exemption under NJ statutes.

 

Just an FYI regarding use of force outside your home.. .IMO from reading the statutes.. You do have an obligation to avoid/retreat from harm before resorting to using force for self defense. You also have an obligation to give up items as a method of avoiding harm (i.e. give them your wallet etc) before resorting to force. It is also true that you can use force if that is the ONLY avenue of escape. Force used outside the home (where you are protected by the castle doctrine type of protection not having an obligation to retreat) will come under drastically increased scrutiny, and will be picked apart as to what else you could have done to avoid harm without using force. The use of deadly force will also be under much increased scrutiny as they will review the potential harm you would have been inflicted with versus you using deadly force. As in if the bad guy had a stick and you had a gun. Sure any weapon could be deadly, but you would need to convince the jury just how you felt your life was threatened by the guy with a stick and how you couldn't just run away from him, as the stick isn't a ranged weapon, etc.

You may ask for a mortgage pre-qualification statement when scheduling appointments with potential buyers, but an open house means an open house--anyone can walk in, qualified or not.

 

One advantage of requiring appointment, is that as the seller you may request a mortgage statement; you can even ask for it to be faxed to you ahead of time (these are all reasonable and legal requests you may make as the seller). If your seller is using a buyer's agent, be sure to ask for that information regardless of what the agent says (if the agent gives you a hard time, you may file a complaint with the RE office, or with the local association of Realtors). RE agents have a legal duty to respect all requirements of the buyer and seller, regardless of whom they are representing. (On a side note, make sure any buyer's agent understands up front whether or not you plan on paying any of his/her commission; you are not obligated to pay for an agent representing the buyer).

 

Another thing to consider is that with an open house, people tend to sign fake names to the register (you should keep a sign in sheet for everyone who looks at the house, even with an open house). Therefore there is no way to know for sure who is coming in. Requiring appointments and paper statements is more likely to deter someone with criminal intentions (too much effort).

 

While a mortgage statement may not necessarily determine anyone's criminal intent, criminals tend to not like paper trails (such as those created with real estate relationships).

No matter what... If you have an open house, bake cookies...

So walking out about in your back yard and "CCW-ing". But NJ does not destinguish between "open or concealed carry". Yes I kno it is geared for active LEO's but it's what's on the "books".

Yes you can carry while out mowing your lawn, as other have said you do have a duty in NJ to retreat into the home but when it's all said and done if there was something that could not be avoided and your were in immediate fear of your life it would be better to be tried by 12 than carried by 6.

 

That's the extreme, but this is where street smarts come into play, as in it's not how well you can defend yourself, but how well you can identify a problem and either diffuse it or avoid it entirely.

 

Harry

 

Hi. Can you cite the specific NJ Statute that says you can carry your firearm concealed outside your home on your property? I am skeptical of this interpretation because in JEFFREY M. MULLER, et al., Plaintiffs, v. THE HON. PHILIP J. MAENZA, the State AG takes the position that there is no Federal protected right to carry a firearm beyond ones own home: "...They [uS Supreme Court] also do not cite any case law that interprets Heller as recognizing a federal constitutional right to carry a handgun beyond one’s home. Notably, the post-Heller cases arising out of the District of Columbia, where Heller originated, have not recognized". One can reasonably interpret this to mean the AG is saying it's perfectly ok to carry inside your home without the pesky CCW permit, but NOT outside.

 

I have Nappen's book, and I haven't found any discussion of being able to legally carry concealed without a CCW permit on your property beyond your home. NJ being NJ, I personally wouldn't do it (carry outside around my property). It's just not worth the risk of a long life-ruining prison sentence. One Brian Aitken is one too many already.

 

Regards....

Hi. Can you cite the specific NJ Statute that says you can carry your firearm concealed outside your home on your property? I am skeptical of this interpretation because in JEFFREY M. MULLER, et al., Plaintiffs, v. THE HON. PHILIP J. MAENZA, the State AG takes the position that there is no Federal protected right to carry a firearm beyond ones own home: "...They [uS Supreme Court] also do not cite any case law that interprets Heller as recognizing a federal constitutional right to carry a handgun beyond one’s home. Notably, the post-Heller cases arising out of the District of Columbia, where Heller originated, have not recognized". One can reasonably interpret this to mean the AG is saying it's perfectly ok to carry inside your home without the pesky CCW permit, but NOT outside.

 

I have Nappen's book, and I haven't found any discussion of being able to legally carry concealed without a CCW permit on your property beyond your home. NJ being NJ, I personally wouldn't do it (carry outside around my property). It's just not worth the risk of a long life-ruining prison sentence. One Brian Aitken is one too many already.

 

Regards....

 

It comes down the whether or not your lot counts as your home or if only the building counts as your home.

 

another thread By this thread, if you can shoot your gun on your own property in NJ, you can certainly possess your gun on your property.

 

Possess is possess. I don't think it's necessary to get bogged down with concealed vs open carry/possession.

Hi. Can you cite the specific NJ Statute that says you can carry your firearm concealed outside your home on your property? I am skeptical of this interpretation because in JEFFREY M. MULLER, et al., Plaintiffs, v. THE HON. PHILIP J. MAENZA, the State AG takes the position that there is no Federal protected right to carry a firearm beyond ones own home: "...They [uS Supreme Court] also do not cite any case law that interprets Heller as recognizing a federal constitutional right to carry a handgun beyond one’s home. Notably, the post-Heller cases arising out of the District of Columbia, where Heller originated, have not recognized". One can reasonably interpret this to mean the AG is saying it's perfectly ok to carry inside your home without the pesky CCW permit, but NOT outside.

 

I have Nappen's book, and I haven't found any discussion of being able to legally carry concealed without a CCW permit on your property beyond your home. NJ being NJ, I personally wouldn't do it (carry outside around my property). It's just not worth the risk of a long life-ruining prison sentence. One Brian Aitken is one too many already.

 

Regards....

 

The nj statutes on the exemptions state nothing

shall be construed to prevent a person from keeping or

carrying about his business, residence, premises or other properties owned or

Possessed by him, any firearm...

 

Premises equals not in the home

 

Posting from a Nook color or i would cite the entire section cant figure how to copy paste on this

2c:39-6e.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, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

Hi. Can you cite the specific NJ Statute that says you can carry your firearm concealed outside your home on your property?

 

Look at Post # 26, PK90's post above.

 

Thanks Paul, saved me time from getting that and posting it.

 

Harry

Look at Post # 26, PK90's post above.

 

Thanks Paul, saved me time from getting that and posting it.

 

Harry

 

Ok, thanks guys for that. Personally I wouldn't take the chance, and unfortunately this is I guess exactly what the State is looking for - to intimidate gun owners with the incessant threat of prosecution. I know someone who was prosecuted for possession of an un-concealed lawfully owned handgun on his own property - outside the house. This happened roughly 15 years ago in one of our more urban cities close to NYC. A neighbor called the police, they showed up, arrested this guy, and confiscated his gun collection. He was then prosecuted. He beat the wrap, but not because of the reg you cite here. He beat it because his lawyer got the complainant to admit in court he never actually saw the firearm in question. However, if I remember this all correctly, the case was not dismissed after that revelation, neither the Judge nor the prosecution would dismiss the case even though the guy that called police admitted in court he didn't actually see a gun. It went to the jury and they acquitted this guy. I also recall that this person went through a legal battle with the police to get his guns back, and that took many years.

 

Personally, I wouldn't do this (CCW on my property outside the house). But for those willing to take the risks, I tip my hat...

 

Cheers

Ok, thanks guys for that. Personally I wouldn't take the chance, and unfortunately this is I guess exactly what the State is looking for - to intimidate gun owners with the incessant threat of prosecution. I know someone who was prosecuted for possession of an un-concealed lawfully owned handgun on his own property - outside the house. This happened roughly 15 years ago in one of our more urban cities close to NYC. A neighbor called the police, they showed up, arrested this guy, and confiscated his gun collection. He was then prosecuted. He beat the wrap, but not because of the reg you cite here. He beat it because his lawyer got the complainant to admit in court he never actually saw the firearm in question. However, if I remember this all correctly, the case was not dismissed after that revelation, neither the Judge nor the prosecution would dismiss the case even though the guy that called police admitted in court he didn't actually see a gun. It went to the jury and they acquitted this guy. I also recall that this person went through a legal battle with the police to get his guns back, and that took many years.

 

Personally, I wouldn't do this (CCW on my property outside the house). But for those willing to take the risks, I tip my hat...

 

Cheers

 

Under what statue was this guy you know charged 15 years ago?

Ok, thanks guys for that. Personally I wouldn't take the chance, and unfortunately this is I guess exactly what the State is looking for - to intimidate gun owners with the incessant threat of prosecution. I know someone who was prosecuted for possession of an un-concealed lawfully owned handgun on his own property - outside the house. This happened roughly 15 years ago in one of our more urban cities close to NYC. A neighbor called the police, they showed up, arrested this guy, and confiscated his gun collection. He was then prosecuted. He beat the wrap, but not because of the reg you cite here. He beat it because his lawyer got the complainant to admit in court he never actually saw the firearm in question. However, if I remember this all correctly, the case was not dismissed after that revelation, neither the Judge nor the prosecution would dismiss the case even though the guy that called police admitted in court he didn't actually see a gun. It went to the jury and they acquitted this guy. I also recall that this person went through a legal battle with the police to get his guns back, and that took many years.

 

Personally, I wouldn't do this (CCW on my property outside the house). But for those willing to take the risks, I tip my hat...

 

Cheers

 

There isn't a single legal leg the state can stand on for trying to prosecute you for CCW'ing on your own property or other land possessed or owned by you. Technically you could sling your rifle and mow the lawn. Although legal, it will get attention and the police will come as it is their duty to investigate calls.

 

I'm willing to bet this neighbor that called probably claimed the guy was aiming or threatening him with the gun. This is a slippery slope as that becomes an aggravated assault charge. In that case it has nothing to to with simple illegal possession, and all to do with things like possession of a weapon for unlawful purposes and aggrivated assault. If people say they feel threatened by you with the gun, even if you don't aim it at them, it gets complicated.. especially in NJ that is all to willing to jump on the throat of the gun owner.

 

Bottom line, CCW is legal on your own property and places as defined in the exemptions.