Author Topic: Tasers and Stun Guns in NJ  (Read 544 times)

fakwak1987

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Tasers and Stun Guns in NJ
« on: November 13, 2017, 08:52:36 PM »

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NJ Taser and Stun gun law
on: November 11, 2017, 04:41:40 PM
NJ recently was taken to court by the New Jersey Second Amendment Society(NJ2AS.org) and the States 30+ year old law on tasers was deemed unconstitutional. Will USLAWSHIELD cover the members for any issues we may have carrying these protection devices?

tj4214

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Re: Tasers and Stun Guns in NJ
« Reply #1 on: November 17, 2017, 07:03:09 PM »
This might help look for a copy of the - New_Jersey_Use_of_Force_Booklet  - this can be download if you are a member.
« Last Edit: November 17, 2017, 07:08:23 PM by tj4214 »

TexasLawShield

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Re: Tasers and Stun Guns in NJ
« Reply #2 on: November 22, 2017, 11:30:46 AM »
fakwak1987,

The US LawShield program covers the use of any legal weapon in a place that weapon is legally possessed.  In addition, our program in New Jersey covers any incident where our member is criminally charged with a violation of New Jersey Statutes 2C:39-3 or 2C:39-5 involving a firearm, weapon, ammunition, or large capacity magazine.

fakwak1987

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Re: Tasers and Stun Guns in NJ
« Reply #3 on: November 26, 2017, 09:09:12 AM »
I am hearing from gun groups that attorneys in NJ are not consistent in whether or not tasers are legal to carry.  I would like to know from TXUSLawshield if they believe the law allows us to carry.  I do not want to get caught up in a legal matter by being arrested and loosing my job and my freedom in life.   

TexasLawShield

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Re: Tasers and Stun Guns in NJ
« Reply #4 on: December 07, 2017, 10:58:47 AM »
Possess - Yes.
Carry - No

Under NJ law, weapons are frequently governed by multiple statutes at the same time. So for example, there are per se prohibitions under 2C:39-3 for weapons such as switchblade knives, dirks, daggers, and stilettos.

Then there is also the general prohibition in 2C:39-5(d) on possession of weapons under circumstances not manifestly appropriate for such lawful uses as it may have.

For example, even though a dagger is subject to the per se prohibition of 2C:39-3, it is almost certainly also subject to the more general prohibition of 2C:39-5(d). So if, tomorrow, the legislature repealed the per se prohibition of daggers from 2C:39-3, a dagger would still be a weapon and therefore subject to the more general prohibition found in 2C:39-5(d).

So now applying that to stun guns. Stun guns were previously per se illegal under 2C:39-3(h). The result of the lawsuit is that 2C:39-3(h) was stricken as unconstitutional. So it is no longer per se illegal.

But a stun gun is still a weapon under 2C:39-1(r), and so it is almost certainly subject to the more general prohibition of 2C:39-5(d), that is, under circumstances not manifestly appropriate for such lawful uses as it may have. (Possession in one's home is exempted under 2C:39-6e.) The lawsuit did nothing to change this, nor do the new proposed regulations.
Under the New Jersey case of State v. Kelly, self defense does not count as a "lawful use" under 2C:39-5(d). The term "weapon" is very broadly defined under NJ Law. Thus, many items that fit the definition of "weapon" also have non-weapon uses, such as a baseball bat. So the idea is that the closer you are to possessing a weapon for its non-weapon purpose (like possession of a baseball bat at a baseball game), the better off you are under 2C:39-5(d).

So now applying this to stun guns, its hard to imagine carrying a stun gun in public for a non-weapon purpose.  What are you doing with it? Herding cattle in Newark? Without such a non-weapon purpose, carrying around a stun gun poses a very substantial risk one could be charged with violating 2C:39-5(d).

Do not carry a stun gun or taser in New Jersey.