Unlawful discahrge in city limits

Comrad

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Is this a catch 22 situation? I think, at least in my little part of the world, discharging your firearm inside city limits is a crime and is likely true in many municipalities. What happens in the event of a home invasion in a stand your ground state and you shoot an intruder? Have you broken the discharge inside city limits law?
 
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It's just like homicide. That's also illegal unless its justified.
 
I left NJ in 72.
No regrets.
I suggest keeping it in mind.
I stopped in the free state of Wisconsin in 76 after discharge from the USN.
Came close to getting into law enforcement back in 71 in NJ.
I am having keyboard problems and wish I didn't now or I would ramble on more.
I would put discharge within city limits as the least of the problems if it is in defense of life.
I suggest relocating, works for me.
 
If inside your house, there may be no violation if the bullets don't get out. When I lived in Cincinnati, I was told that some built firing ranges in their basements.

Jersey made illegal to use HP ammo. So over penetration could well be an issue here.
Just another silly NJ law. No hunting on Sunday also. Plus magazine limits and a generally poor view of the Constitution.
 
There is likely a defense either in the relevant ordinance or case law, and it would be the last thing about which I would worry. Solve the problem, then litigate if needed.
 
Good question. Duress would be a defense to such a charge in a home invasion situation. Perhaps necessity as well. Google "duress defense" and "necessity defense" if you're interested in learning more of the rudiments of these. :)
 
Your chances of being charged with illegally discharging a firearm are probably dependent on where you live.

I've never heard of anyone charged with discharging a firearm in a situation where self-defense has been justified around here. In fact, illegal discharge of a firearm seems to be extremely limited in my area. There have been several accidental discharges over the years, some in public places, and I've never heard of anyone being charged where the discharge has been accidental and no one injured. Some of these people have been so careless they should have been charged.
 
Have you broken the discharge inside city limits law?

Cite one example of this ever having happened.

:rolleyes:

Maybe living in PRNJ makes people have these sorts of thoughts.
 
OP is in New Jersey. Normal common sense does not rule.

Is NJ a syg state?
Does NJ have a Castle Doctrine?
Is the gun used legal in NJ?

You need to find the answers to questions like these, preferably from a NJ attorney (never ask a leo, they are usually as ignorant of the gun laws as the general populace)

Asking legal questions on a gun forum will guarantee only one thing. You will be misinformed.
 
I'll try to keep it short but I was fined for discharging a firearm while shooting a dog that had bit me while I was walking in the street in the valley. There were no sidewalks and it was common practice to walk on the street and when traffic approached to step off to the side. While coming back from the store a small ankle biter kind of mutt ran out from a yard and bit me quite hard on my leg, drawing blood. I tried to drop kick him but he was mighty spry and dodged my foot and finally left me alone. I continued on home and got more angry as I went. I got in mom's house where I was staying after getting out of the army and knew where she kept her .22 pistol, I checked to see if it was loaded and stuck it in my pants, walked back to the dogs house and out he came for me again, I wasn't anywhere near the house and a good 20 feet from the yard, I shot him twice straight down into the street, left him laying in there and went home, cracked a beer. Thirty minutes later a Sheriff's car pulled into the driveway, he asked me where I had been , etc. I told him my story, showed him my leg. He told me that he was sorry for my injury but was going to have to fine me for discharging a firearm within city limits, then he told me that the owner was very angry and that I might want to go over and tell him why I shot his dog, I told the deputy that was his job I got nothing to say to a *** that would keep a dog around that would bite folks minding their own business.
 
I would think that it wouldn't be brought up in a home invasion situation. If you legally own the firearm, and were in fear of being killed you can use deadly force. (participation may vary)
That in itself negates the discharging inside city limits. JMO.
 
Good question. Duress would be a defense to such a charge in a home invasion situation. Perhaps necessity as well. Google "duress defense" and "necessity defense" if you're interested in learning more of the rudiments of these. :)

Erich is correct. I used the duress defense once myself-told the police it was me or the possum. They asked if next time I would please use a subsonic .22 instead of the .45!
Hell-what's the fun in that????????
 
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