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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Back in the 1990s, me'n ole Spot were in prime condition. Every day we'd go for a hike. He loved me getting the leash and taking him out for a couple of hours. But we'd been attacked more than a few times so I carried a cane. One day a dog came out of his garage, across his lawn and the street and wanted a bite of each of us. So I broke the cane right over its head. In all fairness, I hit it as hard as I could. And ole Spot loved the distraction it provided so he lunged forward and bit the dog, just for good measure.

Of course the owner had been watching and came out yelling. And I wasn't in a laughing mood, so I told him to get his dog back on his property. He started to give me some lip, so I told him I'd shove the now broken cane right up where the sun don't shine. Then I turned and walked away. Had I been carrying, I'd have considered shooting the other dog. :) But I'd have been busted had I done that. No laws against discharging a cane that I know of. Pick your weapon wisely. You may have to use it.

Usually around here the shots fired are at vermin, like Caje's possum. One of the most vile creatures to inhabit our fine city. Worse even than the hillbillies and their black brothers. So when one decided to raid my garbage, I'd just shoot it. A dead possum is a good one. And since they usually come out at night, it presents a terrible problem for the overworked cops. The first indication of a problem is the shot itself. Then the lawbreaker goes back inside quietly. No lights turned on, no real evidence of what happened except a dead critter. And its usually out back where no one goes to look. :) In fact, the only one who usually knows other than me (the shooter) is my buddy and neighbor. And he's polite and waits a few days to ask what it was that riled me up the other night. No reason to bear a lion in its den.
 
I am not a lawyer and only have a 3rd grade education but the noise and no shooting ordinances that I am familiar with have exemptions for defending yourself and killing varmints. Larry
 
In the cities I have worked in, as well as most others that I am aware of, the applicable ordinances define the offense as "unlawfully discharging a firearm within city limits and not in necessary self defense." If the firing was legally justified no offense is committed. I suggest each person check the actual wording in their local jurisdiction as it may vary depending upon the location.
 
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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 think you did the wrong thing here in going back in anger and murdering that poor dog. You should have reported the incident so the authorities could have dealt with the owner, or better yet called your attorney to deal with it. Actions like yours give the anti-gun fanatics examples of irresponsible behavior that require the government to exercise more gun control. Beyond that, the actions of the dog were the fault of the owner, not the dog.
 
Most of the responses here are from Gun friendly states.
Remember, The OP is in NJ.
In NJ, bb guns are illegal and treated as actual weapons violations, as in jail terms.
This isn't a question to be taken lightly.
I found a site the OP might want to look at.
I make no claims as to the veracity of his info, but it's a place to start:

Criminal Lawyer In NJ - DWI Defense & Trial Attorney

He has a list of gun violations and possible recourses.
Go to "Full site index" and scroll down to "Gun"
 
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Most of the responses here are pretty good. In a home invasion situation don't think twice.....protect yourself and your family.

For the dog murderer.....I would have charged you with illegal discharge, damage/destruction of personal property, cruelty to animals, and possibly going armed to the terror of the public. You went back AFTER the fact and shot the dog. I would probably let it slide if you shot him during the initial confrontation. I'd probably go back and tell the owner to consult an attorney in regards to suing you in a civil action for the value of the dog.

Not saying all of these would stick.........
 
I used to have a coon living under my roof. One day I caught her outside. My neighbor, who had been a left-handed pitcher in the Astros' farm system, thought he could dispatch her with a well-thrown hammer. He only succeeded in chasing her off my roof and into a 50-ft. elm.

Another neighbor brought out a single-shot .22 rifle, but he didn't want to shoot it inside the city limits. My coon, my ticket. The first two shots hit the branch she was sitting on. The third dropped her out of the tree.

I figured the shooting would bring the deputies any minute now, but apparently nobody ratted me out; the whole neighborhood was out to watch the spectacle.
 
There was a recent thread on some guy on the East Coast of Florida that set up a berm in his back yard and was shooting away. Something about the new Law that basically says no State Law shall over ride a Federal law So even if there is a City Ordinance against it, it is not against Federal law. Something like that. Can't recall the whole details

I am not going to be the test case here.;)

I searched and behold here it is:

http://smith-wessonforum.com/lounge/363445-florida-backyard-shooting-range.html
 
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