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Question about long gun open carry

Question about long gun open carry

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BigBrassPair

It may be perfectly legal to walk through Camden while wearing full KKK regalia and whistling Dixie.


big_top_hat

Good luck with that.


BlursedOut

I hate NJ’s carry restrictions and it’s open carry for rifles. All you need is some armed asshole robbing you with a loaded gun while you legally can’t do anything to stop them. I hope someday the state leaders wake up.


AvianLawman

IANAL NJ is a right to retreat state. Meaning, you can only use deadly force when you do not have the ability to retreat safely. In most circumstances you can do so. In very limited circumstances, *maybe* you could use deadly force. I don’t know enough on the loaded magazine piece, by that is the law on self defense. Of course castle doctrine is a different story.


wormwormo

Your Biden neighbors are just itching to call 911…


Justdags

I have open carried a long gun in a township just south of Camden. Although to be fair it was a musket, during a reenactment and I had a about 20 or so others with me. But still felt so wrong(in a good way) to go into businesses with a fully functional long arm


vorfix

There is no definition of "loaded" in the NJ law even through it is used in 2C:39-5(c)(2), meaning that can be open to determination by a judge/prosecutor. They then might try to charge you and say having a magazine with ammunition in it plus a long gun on your person constitutes a "loaded gun." As an added bonus, I think you could also still be charged with a disturbing the peace/public nuance violation for doing so, even if unloaded w/FID. Hence, everyone implying don't do it. Might also be worth a read through of [State v. Montalvo](https://lawofselfdefense.com/law_case/state-v-montalvo-162-a-3d-270-nj-supreme-court-2017/). I'm unsure if the statute applied in that case 2C:39-5(d) can be applied to a rifle or shotgun since they are explicitly is listed as a distinct subsection of 2C:39-5, specifically subsection (c). However, it will give you an idea how the state currently treats similar situations, in this case with a knife. It is important to know that in this case, they were inside the home so the court reversed. From the rest of the opinion, it quite obvious from previous cases referenced and the opinion itself, that outside of the home they probably would have affirmed.


ForwardObserver1

How about a deactivated RPG-7? Oh wait, that’s a really bad idea…


rhyminreazon

I’ve heard that the courts in New Jersey have opined that possession of a loaded magazine while in possession of an unloaded firearm, counts as a loaded firearm.


BetweenThePosts

Imagine a scenario where you are guaranteed to be killed if not for your weapon. It’s a perfect scenario in which all reasonable people agree that you did what you had to. And you made a good faith effort to retreat and all that . What’s the prosecutor gonna do to convince a grand jury, let alone go through trial and convince a petit jury, that you deserve to be punished because of a technicality. At worst, maybe you get convicted of manslaughter but you have your life. Maybe just a weapons charge. May not be a good or a fun life, but for someone who just escaped death, well maybe you can call it quits after and it wouldn’t be any different if you had just been killed that night