I have been trying to find out if body armor is legal for civilians to own and can't come to a definative conclusion.  Everywhere I have read says that body armor is legal as long as it's not used in the commision of a crime.  Ok, makes sense.  But every website I go to states that you must be LE, military or security to purchase it.  If it is legal why can't it be purchased online?

According to NJ law "civvies" can own and wear body armor.  If you are wearing it during the commission of a crime then it is an extra charge.

 

I believe it is a federal law that no one convicted of a violent crime can own body armor.

 

Some retailers choose to restrict their sales to LEO/MIL/GOV only, but that's the retailer's policy, not NJ law.

One retailer I know that will sell to NJ is:

 

http://www.bulletproofme.com

One retailer I know that will sell to NJ is:

 

http://www.bulletproofme.com

Thanks, I will check them out.

I was wondering about this myself but what is considered in commission of the crime. If you use it in a home defense situation and are forced to save your life by shooting someone as a last resort could this be considered a crime?

I was wondering about this myself but what is considered in commission of the crime. If you use it in a home defense situation and are forced to save your life by shooting someone as a last resort could this be considered a crime?

"If you have time to put on body armor then you had enough time to find an exit from your home." That's what the prosecutor will be saying

What if you are pulled over for a broken tail light and you have body armor on?

 

 

 

(I am not being serious)

"If you have time to put on body armor then you had enough time to find an exit from your home." That's what the prosecutor will be saying

 

You are not obligated to leave your home in a self-defense situation.

Good info here: http://www.njlaws.com/self-defense.htm

 

 

 

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.

 

 

"The use of deadly force is not justifiable in the defense of premises unless the actor reasonably believes that:

(a) The person against whom the force is used is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or

(b) The person against whom the force is used is attempting to commit or consummate arson, burglary, robbery or other criminal theft or property destruction; except that

(c ) Deadly force does not become justifiable under subsections (a) and (b) unless

(i) The person against whom it is employed has employed or threatened deadly force against or in the presence of the actor; or

(ii) The use of force other than deadly force to prevent the commission or the consummation of the crime would expose the actor or another in his presence to substantial danger of serious bodily harm."

 

I found a good deal on gun broker for those new DYNEEMA plates, but it seems too good to be true...

They have them in Level III as well, but 2x the price.

 

http://www.gunbroker.com/Auction/ViewItem.aspx?Item=349920669

It is indeed legal to own, even in NJ. There is a company that makes low cost body armor for home defense situations. http://www.rockytoptactical.com/product/028500/US-Palm-Defender-Home-Defense-Body-Armor.html

Good info here: http://www.njlaws.com/self-defense.htm

 

I disagree with that lawyer's opinions.

 

You have no duty to retreat in your own home per actual NJ statute:

 

 

N.J.S.A. 2C:3-4 Use of force in self-protection.

 

(3) 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.

 

     (2)     A reasonable belief exists when the actor, to protect himself or a third person, was in his own dwelling at the time of the offense or was privileged to be thereon and the encounter between the actor and intruder was sudden and unexpected, compelling the actor to act instantly and:

     (a)     The actor reasonably believed that the intruder would inflict personal injury upon the actor or others in the dwelling; or

     (b)     The actor demanded that the intruder disarm, surrender or withdraw, and the intruder refused to do so.

     (3)     An actor employing protective force may estimate the necessity of using force when the force is used, without retreating, surrendering possession, withdrawing or doing any other act which he has no legal duty to do or abstaining from any lawful action.

Digz you both posted the same thing, in other words you can't kill someone for just breaking in to steal your stuff, and if you shoot you better pray they have a weapon on them because the prosecution in this state will flat out say if all he had was his fists how was your life threatened while pointing a gun at him

Digz you both posted the same thing, in other words you can't kill someone for just breaking in to steal your stuff, and if you shoot you better pray they have a weapon on them because the prosecution in this state will flat out say if all he had was his fists how was your life threatened while pointing a gun at him

That's not the point anyone is making. In your home, you have no duty to retreat, AKA stand your ground. So if you put body armor on, grabbed your pistol and confronted someone in your home you are within the law. If you shoot that person, you need to show cause that your life was threatened. Nothing states you must meet them with equal force. The prosecution can only argue that your life was not threatened. With a dead bad guy laying in your home it would be a hard case to convict unless you shot him in the back or they were able to show he did not advance toward you at the time.

In my home, any unwelcome guests advancement toward me, with the simple direction to leave from me, will be shot if he advances.. In my home if you advance towards me, knowing full well i have a firearm, i will take that as a threat against my life. It is acceptable to believe his intent is malicious. By your standards it may well be to late to defend yourself by the time your justifiable need is met. i do not know if the man has hand to hand training, which i do not, if he has a concealed weapon or not. I will not wait for either of those things to be revealed if i know he is advancing towards me..

This is how "to press or not to press charges" determined:

http://www.judiciary.state.nj.us/criminal/charges/justif001.pdf

 

Revised 6/13/11 

 

JUSTIFICATION - SELF DEFENSE 

In Self Protection 

(N.J.S.A. 2C:3-4) 

 

[top of page 3]

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.

 

 

That's not the point anyone is making. In your home, you have no duty to retreat, AKA stand your ground. So if you put body armor on, grabbed your pistol and confronted someone in your home you are within the law. If you shoot that person, you need to show cause that your life was threatened. Nothing states you must meet them with equal force. The prosecution can only argue that your life was not threatened. With a dead bad guy laying in your home it would be a hard case to convict unless you shot him in the back or they were able to show he did not advance toward you at the time.

 

This.

 

This is how "to press or not to press charges" determined:

http://www.judiciary.state.nj.us/criminal/charges/justif001.pdf

 

 

Does not apply in your home.

From Wiki our castle law:

New Jersey (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).

 

Not exactly sure WTF it means.

From Wiki our castle law:

New Jersey (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).

 

Not exactly sure WTF it means.

If you piss on someone and they follow you into your house, you cant shoot them. If you are the aggressor, you have no right to self-defense in this state.

If you piss on someone and they follow you into your house, you cant shoot them. If you are the aggressor, you have no right to self-defense in this state.

I get that, but,

WTH does this mean?:(Retreat required if actor knows he can avoid necessity of deadly force in complete safety, etc.

I get that, but,

WTH does this mean?:(Retreat required if actor knows he can avoid necessity of deadly force in complete safety, etc.

IF you can retreat from the threat you are required too, UNLESS you are in your dwelling. You cannot be expected to retreat to safety in your home by the state, so you must only prove the threat. Out side the home you must prove you could not retreat AND the threat to life. Basically you have two criteria to meet out side the home and only one inside the home.

the key wording there is "COMPLETE SAFETY", not 80% Safety, COMPLETE safety. 

 

 

Mass covers this at around the 6:50 mark

 

and complete safety, I believe, covers your children as well.  If you can exit the confrontation in complete safety, but the people you have direct responsibility over (ie, children), cannot then you can not retreat in complete safety.  Any lawyers want to validate that for me?

"If you have time to put on body armor then you had enough time to find an exit from your home." That's what the prosecutor will be saying

You are likely correct in what the prosecutor will say. However, you cannot always flee. There are family members in my home which is another factor for staying since they would be direct danger. I am also not a small person so I would not be able to get out a window.

IF you can retreat from the threat you are required too, UNLESS you are in your dwelling. You cannot be expected to retreat to safety in your home by the state, so you must only prove the threat. Out side the home you must prove you could not retreat AND the threat to life. Basically you have two criteria to meet out side the home and only one inside the home.

See this just shows how screwed up nj law is as I always construed it the way I explain right through my 2C classes and the Academy now that you and digz showed it differently I understand

What if you are pulled over for a broken tail light and you have body armor on?

 

 

 

(I am not being serious)

broken tail light is not a crime of the 4th, 3rd, 2nd or 1st degree.    If the statute reads "Crime".   "Offense" is different.