NJ Self-Defense Laws? - TriStateTuners.com :: Home of Tristate Auto Enthusiast

Mensaf · 12-21-2008, 12:26 AM

I'm just curious, since you're kind enough to offer your services here, if you could answer a question I've had lingering in my mind for some time. I heard that there are no self defense laws in Jersey, that you were just supposed to "get away" and call the police. About a year ago, a guy with a gun almost carjacked me in Newark when I was on my way back home from school. Long story short, I dropped the guy around the 35mph mark and called 911, but all they kept telling me was that they had no one to send there, around 1am in the morning, because all of them were out.

Needless to say, I don't feel very secure around the area anymore, so I'm curious as to what I'm allowed to do before I can actually face legal charges. I do not own a gun, and I don't ever plan on getting one unless I go for basic sometime next year. Even so, I'd rather not carry it with me, but being held up at gunpoint isn't exactly the greatest feeling in the world. Can I really get in trouble if in that scenario, that guy would've gotten seriously injured after elbowing him out of my car?

I know it's a long winded question, but I've hit the one year mark with this and think I should probably find an answer for it.

Bane · 12-21-2008, 03:08 PM

Ill wait for my partner in crime to give the official word but I can offer some info. Your first action should be to try and get away and call the police you are right in that. If someone is presenting a very real threat to your personal safety and physical well being and you have no option for escape then you are in a self defense situation, you have to do what you have to do to keep yourself safe. The situation dictates the appropriate action there is no clear cut answer for all self defense scenarios but if someone is attempting to harm you or take your life your returned action should be pretty obvious. If the lose of your life is a real possibility the legal ramifications of saving your life shouldn't be in the forefront of your mind, I would rather be judged by 12 than carried by 6.

Mensaf · 12-21-2008, 03:29 PM

I appreciated the response. When I told people what had happened, they suggested that I make sure that the guy wasn't checked into a hospital or anything like that, because I'd be liable based on the whole no definition of self defense in Jersey thing.

Sarge · 12-29-2008, 05:55 PM

I won't go long on this one since Bane has covered it very well already. I'll just add this you did what you had to do and thats all you need to be concernd with had you injured this slime ball you may have found yourself having to defend your actions but you can't defend your actions if your dead. As a rule of thumbLock your doors whenever your driving in a city. Oh and calling the hospitals not good. Do you think this guy had any idea who the heck you are? Im sure he didn't but he would have if you tried to find out if he was injured, think about it. Anyway glad your still with us!

Mensaf · 12-30-2008, 11:54 AM

Thanks Sarge. I appreciate you and Bane taking your time out to answer our questions. I always drive with my doors locked, but I gave my friend a ride to his car and he forgot to lock it this one time. Live and learn.

Enjoy the New Year guys.

12-21-2008, 12:26 AM	#1
Mensaf Tri-State Aficionado Join Date: Aug 2007 Location: Clifton, NJ Member #5497 My Ride: '92 Subaru SVX iTrader: (0)	NJ Self-Defense Laws? I'm just curious, since you're kind enough to offer your services here, if you could answer a question I've had lingering in my mind for some time. I heard that there are no self defense laws in Jersey, that you were just supposed to "get away" and call the police. About a year ago, a guy with a gun almost carjacked me in Newark when I was on my way back home from school. Long story short, I dropped the guy around the 35mph mark and called 911, but all they kept telling me was that they had no one to send there, around 1am in the morning, because all of them were out. Needless to say, I don't feel very secure around the area anymore, so I'm curious as to what I'm allowed to do before I can actually face legal charges. I do not own a gun, and I don't ever plan on getting one unless I go for basic sometime next year. Even so, I'd rather not carry it with me, but being held up at gunpoint isn't exactly the greatest feeling in the world. Can I really get in trouble if in that scenario, that guy would've gotten seriously injured after elbowing him out of my car? I know it's a long winded question, but I've hit the one year mark with this and think I should probably find an answer for it.

12-21-2008, 03:08 PM	#2
Bane [TST] Police Officer Join Date: Aug 2008 Location: PA Member #8526 My Ride: Will P.I.T. you iTrader: (0)	Ill wait for my partner in crime to give the official word but I can offer some info. Your first action should be to try and get away and call the police you are right in that. If someone is presenting a very real threat to your personal safety and physical well being and you have no option for escape then you are in a self defense situation, you have to do what you have to do to keep yourself safe. The situation dictates the appropriate action there is no clear cut answer for all self defense scenarios but if someone is attempting to harm you or take your life your returned action should be pretty obvious. If the lose of your life is a real possibility the legal ramifications of saving your life shouldn't be in the forefront of your mind, I would rather be judged by 12 than carried by 6. __________________ In God we trust. Everyone else, keep your hands where I can see them

12-29-2008, 05:55 PM	#4
Sarge Tri-State Addict Join Date: Jun 2007 Location: Hamilton Member #5130 My Ride: 2006 Crown Victoria Police "Interceptor". iTrader: (0)	I won't go long on this one since Bane has covered it very well already. I'll just add this you did what you had to do and thats all you need to be concernd with had you injured this slime ball you may have found yourself having to defend your actions but you can't defend your actions if your dead. As a rule of thumbLock your doors whenever your driving in a city. Oh and calling the hospitals not good. Do you think this guy had any idea who the heck you are? Im sure he didn't but he would have if you tried to find out if he was injured, think about it. Anyway glad your still with us! __________________ Stay Safe Last edited by Sarge; 12-29-2008 at 05:59 PM.

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12-21-2008, 03:29 PM	#3
Mensaf Tri-State Aficionado Join Date: Aug 2007 Location: Clifton, NJ Member #5497 My Ride: '92 Subaru SVX iTrader: (0)	I appreciated the response. When I told people what had happened, they suggested that I make sure that the guy wasn't checked into a hospital or anything like that, because I'd be liable based on the whole no definition of self defense in Jersey thing.

12-30-2008, 11:54 AM	#5
Mensaf Tri-State Aficionado Join Date: Aug 2007 Location: Clifton, NJ Member #5497 My Ride: '92 Subaru SVX iTrader: (0)	Thanks Sarge. I appreciate you and Bane taking your time out to answer our questions. I always drive with my doors locked, but I gave my friend a ride to his car and he forgot to lock it this one time. Live and learn. Enjoy the New Year guys.