I saw a video recently where a homeowner pulled a gun on an intruder and told him to freeze. Instead of doing so, the BG charged the homeowner, who hesitated long enough for the BG to wrestle his gun from him and shoot him before fleeing. Luckily, he was only hit in the arm, and was not seriously injured.

 

That got me wondering what the lawful procedure would be in NJ in such a situation. The way I see it, there are three different variations of the above scenario:

 

1) The BG is armed with a gun, knife, club, or whatever.

2) The BG is unarmed when he charges you.

3) Due to either the light or the position of his hands, you're not sure if he's armed or not.

 

The first situation is the easiest. You shoot right away. What about the other two? What would be a proper, legal response in NJ?

1- shoot

2- shoot

3- game time decision

What would be a proper, legal response in NJ?

 

From what I am told, you should run away, while said intruder has his way with your house.

Good question! Can anyone provide a link or information on New Jersey's castle laws; if any exist?

If somebody broke into my home and charged at me, I'm shooting that person to protect my family and my own life.

 

Being kind to your enemy is being cruel to yourself.

 

From what I am told, you should run away, while said intruder has his way with your house.

Ya, maybe the victim's trail of urine on the floor will cause the intruder to slip and fall until the cops come.

 

Damn, if you have a gun for protection... train with it properly and hope you never have to use it. But if you and your family is put in harm's way due to a criminal breaking into your house, you're going to have to put those skills to use.

Good question! Can anyone provide a link or information on New Jersey's castle laws; if any exist?

 

http://en.wikipedia.org/wiki/Castle_doctrine#States_with_weak_or_no_specific_Castle_Law

 

New Jersey ("Statutes" link in sidebar, see New Jersey Statutes 2C:3-4, retreat required if actor knows he can avoid necessity of deadly force in complete safety, etc. EXCEPT not obliged to retreat from dwelling, unless the initial aggressor)

What do you mean by intruder......?

Was he already in the house when the owner comes home....?

Was it a home invasion / forced entry while the owner was home...?

Was it a burglery while the owner is home....?

If I am in my home and someone has broken in and is charging me they are a threat and I would shoot until the threat is neutralized. A threat is a threat, you may not have time to see what they have or don't have, all you need to know is your are in danger and you must do what you need to do to save yourself and family, End of story..

Number 1: Give verbal commands for them to drop the gun, knife, club, and leave.

Number 2 : They attack you, you should probably shoot them, although you should be prepared to be treated like a criminal and be sued.But at least you and your family would be safe, that's number one!

Number 3: Same response as number 1.

What do you mean by intruder......?

Was he already in the house when the owner comes home....?

Was it a home invasion / forced entry while the owner was home...?

Was it a burglery while the owner is home....?

 

Shouldn't matter, if someone is in your home and they are coming towards your they can be labeled a threat plain and simple.

 

No if in any of these situations they try and flee, well while we may like to try and stop them, it's best to just let them go and call the authorities.

Shoot the bad guy, then fire a warning shot in the ceiling.

 

This tip was given to me by a LEO.

Was just trying to clarify the meaning of Intruder...before I give an opinion.

Was he even in the house or standing at the front or back door and how much did he charge you?

Rifleman1,

 

Thanks for the link...Looks like an intruder is fair game as long as they're in the dwelling.

Shoot the bad guy, then fire a warning shot in the ceiling.

 

This tip was given to me by a LEO.

 

Why would you fire a warning shot in the ceiling?? My understanding, and appreciate that there will be multiple different views, is that warning shots are not recommended and could cause you problems. This was also given to me by a LEO recently on a simunition course.

 

TheWombat

Shoot the bad guy, then fire a warning shot in the ceiling.

 

This tip was given to me by a LEO.

 

Maybe it wasn't a warning shot but a round fire during the struggle for the gun.........

 

IMO...........the entire senario is without merit and unclear from the get-go.....most people are unarmed when they charge me......what...where...?

Shoot the bad guy, then fire a warning shot in the ceiling.

 

This tip was given to me by a LEO.

 

So then you need a lawyer, a roofer, a drywall guy, and a painter?

Pink Mist............

Shoot the bad guy, then fire a warning shot in the ceiling.

 

This tip was given to me by a LEO.

 

Warning Shot?? Threat Stop Shot. I thought a warning shot could land you in trouble. While a clean and completely justified shoot will cause you problems in this state, why add to it.

 

Really I am wondering what the reasoning the LEO had for this, just have to ask in case it was meant in a serious manner...

Shoot. When the cops show up say nothing but "I felt like my life was in danger and I had no other course of action". Then say nothing else until you have a good attorney

Why would you fire a warning shot in the ceiling?? My understanding, and appreciate that there will be multiple different views, is that warning shots are not recommended and could cause you problems. This was also given to me by a LEO recently on a simunition course.

 

TheWombat

 

That's why you shoot the intruder first, then the "warning" shot second.

 

When law enforcement arrives, you tell them you fired a warning shot and the intruder kept coming instead of retreating - so your last resort was to use deadly force.

 

This is from a retired veteran of the NYPD, a close friend, and not a joke. She's told me stories that'll curl your hair.

That's why you shoot the intruder first, then the "warning" shot second.

 

When law enforcement arrives, you tell them you fired a warning shot and the intruder kept coming instead of retreating - so your last resort was to use deadly force.

 

This is from a retired veteran of the NYPD, a close friend, and not a joke. She's told me stories that'll curl your hair.

 

And when the warning shot goes through the house and travels outside and hit someone you now liable for that also. You have to remember your are responsible for every bullet that leaves your gun. Why add problems, it sure ain't going to help you, and even if nobody get hit by the warning shot, you possibly put others in danger when they were not threatening you..

And when the warning shot goes through the house and travels outside and hit someone you now liable for that also. You have to remember your are responsible for every bullet that leaves your gun. Why add problems, it sure ain't going to help you, and even if nobody get hit by the warning shot, you possibly put others in danger when they were not threatening you..

 

I totally understand, I was just relaying what was told to me by a LEO. Even if you are shooting at an intruder in the heat of the moment, should you be considering where potential misses are going at the same time? Who is in the room behind the crook? If you are shooting towards an outside wall, will the round possibly enter your neighbors house? What if you are in an apartment? There are all kinds of risks when discharging a weapon in your residence. I'm guessing you should run these scenarios inside your head and memorize them.

 

Hollow point home defense ammo should dissipate energy quickly and not go through more than one wall like FMJ ammo, right? Is this type of ammo legal in NJ for self defense?

if I point a gun at you and tell you not to friggin move.. and you rush me.. I am telling you right now.. in %100 of the time.. I WILL be fearful of my life.. because anyone who charges me while being drawn down on is completely out of their mind.. and only bent on doing one thing.. and that is causing me deadly harm..

 

ETA I would NEVER fire a warning shot.. ever.. not before.. after.. during..

Regardless of this situation, if I'm in my home and feel my life is threatened, i shoot. When the cops come, i will tell them someone threatened my life in my house, and let the lawyers do the rest... nothing says he needs to have a gun in his hand. And that statement falls in line with NJ law.

 

Warning shot's... you can only shoot a gun to protect your life. NJ has no middle ground, your either %100 or nothing.

OK - just got off the phone with her. (my retired LEO friend)

 

She was serious. Her advice was in case something happened and it resulted in a jury trial, the jury would be much more sympathetic to you if you indicated you gave a "warning" to the intruder before you shot him.

 

I'm with you guys, if there is an intruder in my home - he's dead. I'm not thinking about "duty to retreat" and other retarded things. First and foremost, I will protect my family. If I can remember, I will follow her advice after making sure there is minimal risk.

I totally understand, I was just relaying what was told to me by a LEO. Even if you are shooting at an intruder in the heat of the moment, should you be considering where potential misses are going at the same time? Who is in the room behind the crook? If you are shooting towards an outside wall, will the round possibly enter your neighbors house? What if you are in an apartment? There are all kinds of risks when discharging a weapon in your residence. I'm guessing you should run these scenarios inside your head and memorize them.

 

Hollow point home defense ammo should dissipate energy quickly and not go through more than one wall like FMJ ammo, right? Is this type of ammo legal in NJ for self defense?

 

First off, know your surroundings. Understand your line of fire. You are negligent otherwise. Are we talking about drywall? then yes. A hollow point will blow right through one wall. Live in an Apartment..Yes your SOL. Not much u can do if your surrounded by people. Train and Hit your target?

OK - just got off the phone with her. (my retired LEO friend)

 

She was serious. Her advice was in case something happened and it resulted in a jury trial, the jury would be much more sympathetic to you if you indicated you gave a "warning" to the intruder before you shot him.

 

I'm with you guys, if there is an intruder in my home - he's dead. I'm not thinking about "duty to retreat" and other retarded things. First and foremost, I will protect my family. If I can remember, I will follow her advice after making sure there is minimal risk.

 

Shes is wrong, and following that advise will only land you in more trouble...

First off, know your surroundings. Understand your line of fire. You are negligent otherwise. Are we talking about drywall? then yes. A hollow point will blow right through one wall. Live in an Apartment..Yes your SOL. Not much u can do if your surrounded by people. Train and Hit your target?

 

I'm not a safety inspector, but I think apartments and town homes are separated by a firewall (cinder block?) so if one apartment catches on fire, it would be slow to spread to surrounding units. If this is true, it would definitely minimize risk in that situation. A construction guy would know for sure.

 

A single family dwelling is a different story. I think I read some manufacturers literature that stated their hollow point home defense ammo would not have sufficient energy to cause lethal injury after passing through a typical drywall wall.

Shes is wrong, and following that advise will only land you in more trouble...

 

Her advice is based on the many trials she has been a part of whether it be right or wrong. OJ was found not guilty of murder. So what she is claiming about gaining support from a jury is not all that far fetched IMO.

 

Please, nobody take the suggestions I have posted. I just wanted to relay what was told to me.

 

Thanks