Q: What are the firearm guidelines to protecting yourself and family in a NJ home invasion?
It is very hard to stay calm and think correctly in a home invasion given several factors: emotions, fear, not knowing the robber(s) intent to harm, kill, rape or kidnap, and the element of surprise is on their side to conquer. You don't know if they have weapons on them: knife, mace, gun, and the homeowner is extremely vulnerable if outnumbered or hurt first. What are the NJ laws to consider shooting first, ask questions later in a home invasion to avoid physical altercations and risk being shot or killed first? In today's pathetic socialist system, the robber is the victim, but each state is different. How is NJ's gun laws protecting the vulnerable?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In New Jersey, the use of force in self-defense, including deadly force, is generally permissible when you reasonably believe such force is necessary to protect yourself or others from imminent harm. The state's laws allow for the use of force in your home under the "Castle Doctrine," which provides certain protections to homeowners who act in self-defense against intruders. However, the use of deadly force is only justified if you believe it is necessary to prevent death or serious injury. It is important to note that the "Castle Doctrine" is not a "stand your ground" law, which means you still have a duty to retreat if you can do so safely.
Before resorting to deadly force, you must also consider whether the intruder is actively threatening harm. The specifics of any self-defense situation can be complex, and the justification for using force can vary greatly depending on the circumstances. It's crucial to understand the laws and to act within their bounds to avoid potential legal repercussions.
If you find yourself in such a situation, it is advisable to seek legal counsel as soon as possible after the incident.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
