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Law on home intrusion?

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As responsible gun owners, why not consult or have the name of an attorney before we ever have to use our guns in self defense. Asking the question on a forum is valid, but like anything else, w're going to get a myriad of responses speckled with opinion. I know asking an attorney is probably the last thing we would want to do. But if the day ever came, the very last thing I would want to worry about is trying to figure this all out while I'm in a jail cell (and most likely we would be) while flipping through the yellow pages next to some gangbanger who's looking at my asshole.

 

I find this reasoning to be along the lines of lining up a financial consultant and worrying how you'll spend the money because you bought a lottery ticket.

lol. Be prepared, I say. Not only for the gangbanger, but have the name of a good firearms attorney, know the law, be trained and try to make the right decision.

 

A good Criminal Attorney would be better..

NO, take my HI-PIONT... :D WE do not want your stinking HI-POINT. :o

 

So you're not trading your Kimber?? lol

On another point, what are you going to do if the burglar walks out the door with your flat screen TV? You can't shoot him.

On another point, what are you going to do if the burglar walks out the door with your flat screen TV? You can't shoot him.

Depends on what you define as valuable IMO......The flat screen or your ability to remain free,without a wrongful death suit hanging over your head and a paycheck to enable you to buy a larger flat screen......After all,we all know the stolen one was too small anyway.....

Depends on what you define as valuable IMO......The flat screen or your ability to remain free,without a wrongful death suit hanging over your head and a paycheck to enable you to buy a larger flat screen......After all,we all know the stolen one was too small anyway.....

even if you pop one in the azz? LOL. Just kidding. Please obey all laws & use good judgement. Thank you.

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I just dont understand the lawmakers thoughts on home protection in NJ. I just think if some pos forces his way into my home to perposely take my shit, that I worked hard for, he should pay with his life!!! Sorry if that is harsh but I hate a thief.

I just dont understand the lawmakers thoughts on home protection in NJ. I just think if some pos forces his way into my home to perposely take my shit, that I worked hard for, he should pay with his life!!! Sorry if that is harsh but I hate a thief.

Really? Would you actually pop someone over twinkies? The reason you see convenience store shootouts by armed clerks is because they are confronted by bad guys with guns. Are they defending their lives or are they defending the thief of twinkies?

Well... The thief of twinkles has made a decision that requires another decision on the part of the homeowner or the storekeeper. In the case of my home, unless he has a sign that says "I am here for your twinkles" I am going to assume he is there for other reasons. I will not pause to ask him. If I feel I or my family are threatened, his decision all but dooms him to my instincts. Too bad for him if that is the case.

Well... The thief of twinkles has made a decision that requires another decision on the part of the homeowner or the storekeeper. In the case of my home, unless he has a sign that says "I am here for your twinkles" I am going to assume he is there for other reasons. I will not pause to ask him. If I feel I or my family are threatened, his decision all but dooms him to my instincts. Too bad for him if that is the case.

If your twinkies are located on the 1st floor & your entire family is on the 2nd floor, would you feel the need to stay put upstairs & call 911? Or is the "right" thing to do is to go downstairs & pop the bad guy before he makes it upstairs? What if he never intended to go upstairs? What if the bad guy is not armed? What if the unarmed bad guy walks up the stairs? Do you see how disaster can happen?

Well now you are adding specifics. Sure, if I hear noises I will call 911 first. If he starts coming up the stairs... I said earlier in this thread that you should only shoot if you feel you or your family is in danger. That still applies. Don't go looking for a confrontation if there is an easier way.

 

I don't really care if he is armed or not. I am not Sugar Ray Leonard. I will not be wrassling the guy if I have a gun.

I just want to say something about this subject that needs to be said.

 

If I am peacefully sleeping in my own home and some idiot decides to come into it and interupt my sleep for any criminal reason, He is the one that should be on the defense of his action... NOT ME! That is one of the biggest roadblocks we as responsible gun owners face in this state. There should be in place laws such as the castle doctrine so these morons cannot hide behind some over zealous politician who has an ideology against the right to keep and bear arm.

 

I don't feel any better. But I should

I just want to say something about this subject that needs to be said.

 

If I am peacefully sleeping in my own home and some idiot decides to come into it and interupt my sleep for any criminal reason, He is the one that should be on the defense of his action... NOT ME! That is one of the biggest roadblocks we as responsible gun owners face in this state. There should be in place laws such as the castle doctrine so these morons cannot hide behind some over zealous politician who has an ideology against the right to keep and bear arm.

 

I don't feel any better. But I should

:)

I just want to say something about this subject that needs to be said.

 

If I am peacefully sleeping in my own home and some idiot decides to come into it and interupt my sleep for any criminal reason, He is the one that should be on the defense of his action... NOT ME! That is one of the biggest roadblocks we as responsible gun owners face in this state. There should be in place laws such as the castle doctrine so these morons cannot hide behind some over zealous politician who has an ideology against the right to keep and bear arm.

 

I don't feel any better. But I should

I agree wholeheartedly and I've posted on several occasions that with all the focus and energies on CCW,we have not devoted enough time and attention to the gaping holes in our inadequate castle laws.

What happens when your dog goes into protection mode on a home intrusion, And fubar's the intruder ?

What happens when your dog goes into protection mode on a home intrusion, And fubar's the intruder ?

he better thats his job

Not exactly a throw away gun if you get to look at it again and again at your murder trial

 

Regarding a throw down gun, you've been watching too much TV.. but its a good way to destroy your credibility and subsequently your self defense assertion, turning a 0-10 year jail sentence into 30 to life.

 

Get a Glock, they're cheap, good looking and reliable. And stop watching so many procedural crime dramas and mob movies :)

The intruder will probally end up suing you and living in your house!!!

His family will be living there. he'll be dead from a gunshot wound.lol

Good thing about this country, we have a lot of dog /pet lovers out there. you'll get at least 1 in a jury pool, and when testifying just say "i thought he was gonna hurt my dog, so i shot the s.o.b. My dog was just trying to protect me, so i did the same!"

This may seem like a silly question, but then again we have silly laws here!

 

If an intruder breaks in and you retreat to a room on the first floor of your home, are you expected to pop the window screen and run out of the house? For some reason I have a vision of a prosecutor somewhere in NJ arguing that you should not have shot or confronted your attacker because it was feasible to jump out a window.

 

Isn't it pathetic that we have to discuss things like running away while a thug is breaking in to steal your stuff or hurt your family?

This may seem like a silly question, but then again we have silly laws here!

 

If an intruder breaks in and you retreat to a room on the first floor of your home, are you expected to pop the window screen and run out of the house? For some reason I have a vision of a prosecutor somewhere in NJ arguing that you should not have shot or confronted your attacker because it was feasible to jump out a window.

 

Isn't it pathetic that we have to discuss things like running away while a thug is breaking in to steal your stuff or hurt your family?

Amen

Read this: http://www.njleg.sta...0500/159_I1.PDF

Then pick up a title 2C book and read use of force 2C:3-4 through 3-7

then read 2C:3-9

 

Then read them again, and again and again and just when you THINK you understand them, read them again...

 

Bottom line is, you have to be in imminent fear for your life or your families life and when employing force, you are responsible for the force. IE. if you fire a round and miss and kill a neighbor, your super duper screwed...

On another point, what are you going to do if the burglar walks out the door with your flat screen TV? You can't shoot him.

nope...But you can kick his A$$...The force has to be reasonably necessary.

This may seem like a silly question, but then again we have silly laws here!

 

If an intruder breaks in and you retreat to a room on the first floor of your home, are you expected to pop the window screen and run out of the house? For some reason I have a vision of a prosecutor somewhere in NJ arguing that you should not have shot or confronted your attacker because it was feasible to jump out a window.

 

Isn't it pathetic that we have to discuss things like running away while a thug is breaking in to steal your stuff or hurt your family?

 

Didnt you clearly hear him say he was gonna rape your wife and kill you as he entered your room?

Bottom line if the time ever comes the last thing you should worry about is losing your firearm. If you and your family are alive to tell the story the fact that whatever gun you used is gone is meaningless.

 

I agree completely. Things can be replaced. Lives cannot.

 

 

Besides, you can get a good pistol for around $500-600. That is a high number, yes, but not exorbitant.

This may seem like a silly question, but then again we have silly laws here!

 

Silly laws indeed. Did you know it is illegal in NJ to cover yourself with milk in the presence of a kitten? jk lol. This state is nuts.

This is the only thing i understand ... The Legislature finds and declares that:

a. It is proper for law-abiding people to protect themselves, their families and others from intruders and attackers without fear of prosecution or civil action for acting in defense of their own well being and the well being of others.

b. The "Castle Doctrine" is a long-standing American legal concept arising from English Common Law that provides that one's abode is a special area in which one enjoys certain protections and immunities, that one is not obligated to retreat before defending oneself against attack, and that one may do so without fear of prosecution.

c. Article I of the New Jersey Constitution guarantees the citizens of this State the rights "of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness."

d. The Second Amendment to the United States Constitution affords the people of this nation the right to keep and bear arms.

e. All who reside in and all who visit this State have a right to expect to be unmolested and safe within their homes, residences and vehicles.

f. No person should be required, as a point of law, to surrender their personal safety or well being to the unlawful actions of a criminal, nor to needlessly retreat in the face of intrusion or attack.

g. It is, therefore, altogether fitting and proper, and within the public interest, to ensure that law-abiding people are justified in protecting themselves, their families and others from intruders and attackers, and that they may do so without fear of prosecution or civil action.

3. N.J.S.2C:3-4 is amended to read as follows:

2C:3-4. Use of Force in Self-Protection. a. Use of force justifiable for protection of the person. Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward another person is justifiable when the actor reasonably believes that such force is immediately necessary for the purpose of protecting

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