The Fundamentals of NJ Self-Defense Law
New Jersey self-defense laws are predicated on the concept that using force to defend oneself, one’s family or one’s property is a natural and reasonable response to unlawful aggression. These laws recognize that self-defense may be an appropriate justification for lacking a state-issued permit to possess or carry a firearm, stun gun, defensive spray or other defensive weapon for life-preserving reasons.
Self-defense laws are not carte blanche for the use of lethal or deadly force. Under the Castle Doctrine, individuals need not retreat or avoid force when attacked in their home (i.e., a dwelling, residence or appurtenance); else deadly force is justifiable if the person reasonably believes it is necessary to protect himself or his dwelling against another who "unlawfully and forcibly enters" or attempts to enter the dwelling or "unlawfully and forcibly" assaults or threatens to assault. This doctrine does not apply to the use of force outside one’s home. Nor may one employ a self-defense weapon against an unwarranted aggressor in a non-deadly way. The use of such a weapon is justified only if the actor (1) presently believes he is in imminent danger of bodily injury, and (2) believes that this risk of harm may be safely avoided only by the immediate use of force upon another.
Expanded Castle Doctrine
The Castle Doctrine in New Jersey has been expanded to the use of deadly physical force against an unlawful assailant who unlawfully and forcibly enters or attempts to enter one’s place of employment, regardless of whether the defendant was there at the time of the unlawful entry. Obviously, the use of a defensive weapon within one’s home or place of employment is typically justified, particularly when confronted with a lethal threat.
Moreover, New Jersey is addressing the targeting of people serving in certain occupations and the expansion of the reasons for which self-defense weapons may be carried on one’s person . For instance, under the recently enacted "Tobie Stanger Law," first responders and certain other public employees are now explicitly afforded the right to employ potentially lethal weapons (stun guns, gravity knives, switchblade knives, folding knives, dirks, daggers and, of course, firearms). These public officers need not retreat from an imminent threat of death or serious injury and may deploy the weapon as necessary for immediate self-defense. First responders are defined as "the firefighters, police officers, sheriff’s officers and deputy sheriffs and correction officers of the State and the political subdivisions of the State as well as any other public employee who, in the course of his employment, responds to emergency situations by virtue of the position."
Stun Gun Permits
In accordance with the "Tobie Stanger Law," stun guns are legal only if possessed with a valid permit. Thus, no permit is required to simply carry or possess a stun gun, but those carrying a stun gun must have a permit. As with firearms, applicants for a stun gun permit must qualify for a handgun permit, any infraction of which could result in the forfeiture of the license to carry the stun gun. This is important because permits to carry firearms require a good character reference, a thorough investigation and a state identification card. Importantly, hunters, fisherman and target shooters are exempted from this restriction.
Stun Gun Reference
A permit to possess a stun gun can be obtained from the chief of police of the municipality, or, where applicable, the county prosecutor. Voluntarily obedience to the permit requirement is not a legal defense; thereby creating a separate, potential misdemeanor offense for possessing a stun gun without a permit. Under the law, a stun gun include any electronic device that can "provoke pain" by the Application of electric current.
Legal Self-Defense Weapons Allowed in New Jersey
Specific types of legal self-defense weapons tend to fall into five main categories. These include: (1) handguns (assuming the person is legally entitled to possess a handgun); (2) stun guns and tasers; (3) pepper spray (which is also known as mace); (4) small knives with blades less than three inches in length; and (5) personal alarms or alarms that are attached to doors or windows which make a loud noise or alert the owner if an intrusion occurs.
If you want to carry a stun gun or taser, know that NJ law requires a person to get a permit but the permit does not have to be displayed. This kind of permit is basically going to be granted to persons who already have an FPIC (Firearms Purchaser Identification Card) or a handgun carry permit. The stun gun or taser must have a stream no longer than three feet. The circuit must be equipped with a safety feature and a visual display of the charge. There is a weight requirement (the permit application will have all the details).
Mace or pepper spray can be used to ward off animals, a hostile dog for example. A stun gun or taser can be used one-on-one to keep a possible foe at bay or ward off an attacker. At present, either a stun gun or exotic blended mace – six ounces or less – can be carried without a permit. Also, if you work in a bar or restaurant you should be able to keep a stun gun or pepper spray weapon in the workplace.
There are some significant restrictions regarding mace or pepper spray. They cannot be larger than two ounces, although it is easy to see that a person could carry six ounces (the maximum) under their coat. Under NJ law, you must only use mace or pepper spray in any one situation of immediate unlawful threat, aggression, or act of violence against you or any other lawful occupant of your home, workplace or vehicle.
Illegal and Restricted Weapons
As mentioned earlier, New Jersey’s weapons carry laws are very strict. Knives, pepper spray and blade weaponry are generally not permitted. Certain types of knives are explicitly restricted and may not be carried in any form, including in private vehicles or storage areas on your person.
In the case of stun guns and tasers, these are classified as prohibited weapons in New Jersey. A stun gun discharges a volts of electricity, which is intended to jolt or stun an attacker. Tasers work in a similar manner but have a different design. If you possess one of these weapons you will likely be charged with possession of a prohibited weapon. In New Jersey this is considered a fourth degree criminal offense and can carry a penalty of up to 18 months in prison and up to $10,000 in fines.
Weapons Licensure and Permits
While other states across the nation utilize a concealed carry permit system, New Jersey does not allow its residents to carry most weapons in public without a special permit. Identified as a "justifiable need," anyone wishing to carry a concealed weapon in New Jersey only has the option to apply for an exemption to the law. All applications go to the Superior Court where they are reviewed by a judge. However, the hearing preceding the ruling is private; the public is excluded and no attorneys are required for individuals or for the State. The judge reviews all permits on a case-by-case basis and decides whether or not to grant the request. As explained by the Superior Court, applicants merely state a place of business or the conditions under which self-defense is necessary such as the possibility of physical coercion, but neither of these conditions are sufficient in raising a North Jersey native’s chances of receiving a permit. Even if the applicant does receive a permit, there are still stringent requirements. The applicant is only allowed to possess a concealed weapon on his or her person — the individual is not permitted to have it in his or her car, in a briefcase or purse, etc. There are also regulations on how long a person may have their permit and the places they may carry the weapon. For other self-defense weapons, anyone wishing to carry non-plated batons and collapsible batons is required to register his or her police certified baton with the New Jersey State Police. No permit is required when carrying spray weapons, including pepper sprays, mace, and personal alarms.
Legal NJ Self-Defense
As a self-defense instructor, I caution my students that there are things they can and can’t do when it comes to defending themselves. This is particularly true for weapons, where an improvised or purchased self-defense tool may land you in jail if you don’t use it precisely within the law. And no, I’m not saying the laws are undefined or arbitrary—New Jersey’s self-defense laws are quite specific; it’s just they can be a little tricky to navigate correctly.
For example, if someone comes up to you and demands your property at gun point, a wise course of action is to hand it over, provided the assailant doesn’t express an intention to hurt you once he or she has what he or she wants. Giving in to a mugger saves you from what the law in New Jersey and Pennsylvania terms "reasonably perceiving imminent bodily injury," an imminent threat. But if the assailant says he or she is going to harm you regardless, then you’re free to defend yourself from that person to the best of your ability. You may even—though this is an absolute last resort under New Jersey law—kill or maim that assailant in defending yourself from this imminent threat.
This doctrine of self-defense in New Jersey is reinforced by its "Castle Doctrine." Essentially, in your home and your car, you have no legal duty to retreat from someone who threatens you. You may kill or maim that person if you so choose. You can do so only in situations that you believe involve a threat that can cause you serious bodily harm or death. But "serious bodily harm" is a broad enough term that it can often include some kinds of assaults. Thus, it doesn’t take much for most attacks to justify a "kill or be killed" situation when the attack is in your home or your car.
The "fleeing felon rule" provides a bit of caveat to the above rule about protecting yourself , in your home or not, from an assault that is in the process of being committed against you. While you can kill or seriously wound someone in self-defense, that’s only if the person is challenging you specifically. If the attacker is attacking your neighbor, your business, etc., instead of you, it is legal to start to intervene on behalf of the third party, i.e., by knocking the attacker out of the way to protect that other person from grievous harm. You are, however, legally required to wait to see if that injury is heading your way. You can not retaliate on impulse to stop that attack if, with any level of reasonable knowledge of the situation, you could tell that the attack was mostly going mostly in a different direction than directly to you. Also, catches 22 of intervening on behalf of another—while you do have the right to protect someone else, if you do enable them to defend themselves, you cannot escalate the attack and start to use physical force. For example, you cannot be forced as a bystander or a helper to participate in brutalizing a burglar or rapist if, as long as said burglar or rapist has clearly expressed an intention to leave the premises, burglarized car, etc., with no further violence against anyone.
It is also important to note that deadly force can only be used if other systems fail. In a car, it will make sense to traumatize someone with a small weapon if you can’t get away or stop them with anything larger. And in your home, if you have to get into a fight, you can try to avoid it or wait for a jury to decide you absolutely had to do what you did.
For more information on this and other areas of NJ law, visit the N.J. Court’s official website.
Criminal Punishments for Weapons Abuse
The misuse of self-defense weapons can lead to serious legal consequences in New Jersey. Given the state’s strict firearms regulations, the unlawful use or carrying of these tools is often punishable by severe penalties. Even the most mundane of mistakes can have life-altering repercussions.
The state of New Jersey maintains a "one gun a month" rule. Additionally, all firearms purchases must be done through registered dealers. This rule does not apply to standard knives, such as pocketknives, scabbard knives, handheld hatchets, or switchblade-style knives. If you exceed the one gun per month limit or purchase a firearm from an unlicensed dealer, you could be subject to substantial fines and criminal penalties.
Any crimes involving the use of a weapon are severe in the Garden State. If you brandish a knife or another weapon, while attempting to commit robbery or another serious criminal offense, you could be charged with the second degree crime of robbery. This conviction, which is a first-degree felony if a firearm is used, is punishable by between five and ten years in state prison – and a fine of up to $150,000.
Furthermore, deadly weapons cannot be lawfully possessed in New Jersey unless a person meets certain requirements of a written law. Breaking or violating a written law regarding weapons can lead to an enhanced penalty if you possess a weapon for a specific prescribed purpose or area. Usage of deadly weapons can also result in aggravated assault charges or homicide charges, which can be charged as attempted murder, murder, manslaughter, and aggravated manslaughter. The charges you end up facing largely hinge on the circumstances and the level of intent involved.
It cannot be stressed enough that New Jersey is not a place to tempt fate with weapons of any kind. If you consider even the most mundane mistake and requirement for possessing a weapon, you could be subject to criminal penalties. As such, you should familiarize yourself with the strict requirements and penalties associated with your weapon of choice.
Recent Developments in the Law and Examples
The New Jersey Supreme Court, in State v. Knight, dealt with a case where individuals were engaging in physical confrontation at an abandoned building. After the police broke up the fight, it was alleged that one of the fighters pulled out a knife and ran at the opponent, but one of the police officers intervened and disarmed him. The State charged the individual who was originally attacked with possession of a weapon for an unlawful purpose (N.J.S.A. 2C:39-4) and the charges stemmed from four or five deep scratches that the officer received on his arm while he was wrestling to subdue the defendant . The New Jersey Supreme Court reversed the appellate division and held that a sentence of eight years in prison for the possession of a weapon for an unlawful purpose as a first degree felony was an excessive sentence. The Court considered that the defendant had committed no visible harm to the officer; it was not satisfied that the apparent voluntary intoxication of the defendant merited an aggravated sentence; and it was not satisfied that the conduct of the defendant caused serious harm; i.e., the officer was an officer of the law and was doing his job. This case shows that when an individual is charged with possession of a weapon for an unlawful purpose, there is a possibility of a mitigated sentence if all of the factors favor mitigation are present.