NJ - Jail Guard Shot In Face By Police During Robbery

[Kevlar]

Police shot a 30-year-old state corrections officer in the face Saturday morning inside the CVS Pharmacy on Burnt Tavern Road during an attempted burglary, authorities said.

Ralph Stoia III, of Pacific Ocean Drive, here, was caught by Brick police inside the pharmacy about 6:30 a.m. after a burglar alarm sounded, said Deputy Chief Michael Mohel, the Ocean County Prosecutor's Office spokesman. The store was closed at the time.

When confronted by police officers inside the store, Stoia pointed his .40-caliber pistol at police and was shot once by an unidentified police officer, Mohel said.

http://www.app.com/article/20100417/NEWS05/4170325/Cop-shoots-burglary-suspect.

 

[Zappa]

Gee, it's a good thing that only LE are allowed to carry in NJ, otherwise someone may have been hurt.

[/sarcasm]

 

[cekim]

I wonder if this could have been avoided if only he had used a different caliber?

 

[SecondAmdFirst]

I love the charge for possesing 12 hollow point bullets. That is illegal in NJ??? Yeah, let's go with the standard FMJ so if you did need to defend yourself....the bullet can just keep going and going. Morons!

 

[sig2009]

I love the charge for possesing 12 hollow point bullets. That is illegal in NJ??? Yeah, let's go with the standard FMJ so if you did need to defend yourself....the bullet can just keep going and going. Morons!

Partially true. Hollow points are not illegal in NJ!!!!!!!!!!!!!!!! Only illegal if used to commit a crime. They are legal to buy,posses,reload and shoot at the range. Even the local gun shops sell them.

 

[SecondAmdFirst]

Partially true. Hollow points are not illegal in NJ!!!!!!!!!!!!!!!! Only illegal if used to commit a crime. They are legal to buy,posses,reload and shoot at the range. Even the local gun shops sell them.

So I also assume they are legal to use in a justified self-defense situation, since that is not illegal.

 

[Kevlar]

Partially true. Hollow points are not illegal in NJ!!!!!!!!!!!!!!!! Only illegal if used to commit a crime. They are legal to buy,posses,reload and shoot at the range. Even the local gun shops sell them.

Partially true...

Provided certain conditions are met, a sportsman may transport and use hollow point ammunition. There are no restrictions preventing a sportsman from keeping such ammunition at his home.

N.J.S.A 2C:39-3f(1) limits the possession of hollow nose ammunition. However, there is a general exception that allows for the purchase of this ammunition but restricts the possession of it to specified locations. This exception provides that:

(2) Nothing is sub section f (1) shall be construed to prevent a person from keeping such ammunition at his dwelling, premises or other land owned or possessed by him, or from carrying such ammunition from the place of purchase to said dwelling or land . . . [N.J.S.A 26:39-3g (2)].

Thus a person may purchase this ammunition and keep it within the confines of his property. Sub section f (1) further exempts from the prohibited possession of hollow nose ammunition "persons engaged in activities pursuant to N.J.S.A 2C:39-6f. . . ."
N.J.S.A 26:39-3f. (1).

Activities contained in N.J.S.A 26:39-6f. can be broken down as follows:

1.A member of a rifle or pistol club organized under rules of the National Board for the Promotion of Rifle Practice and which filed its charter with the State Police;
2.A person engaged in hunting or target practice with a firearm legal for hunting in this State;
3.A person going directly to a target range, and;
4.A person going directly to an authorized place for "practice, match, target, trap or skeet shooting exhibitions."

As with other ammunition and firearms, a sportsman would have to comply with the provisions of N.J.S.A 2C:39-6f and g when transporting hollow nose ammunition to a target range. The ammunition should be stored in a closed and fastened container or locked in the trunk of the motor vehicle in which it is being transported. The course of travel should be as direct as possible when going to and leaving from the target range with "only such deviations as are reasonably necessary under the circumstances." N.J.S.A 2C:39-6g.

If the sportsman's club member plans to hunt with a rifle and use hollow nose ammunition in a state where this is permitted, he must comply with the provisions of U.S.C.A. 926A and N.J.S.A 2C:39-6(f) and (6)(g), which is consistent with the federal law, in transporting the firearm and ammunition. The firearm should be unloaded and neither the firearm nor the ammunition should be readily accessible from the passenger compartment. If the vehicle does not have a trunk, the firearm and the ammunition should be contained in a locked container other than the glove compartment or the console. 18 U.S.C.A. 926A.

In addition, the sportsman should have a valid hunting license in his possession from the state in which he plans to hunt and should be familiar with that state's gun laws. N.J.S.A 2C:39-6(f)(2) requires a person hunting in this State to have a valid hunting license in his possession while traveling to or from the hunting area. Hunting with hollow nose ammunition is permitted in New Jersey. In the case of a New Jersey resident traveling to another state to hunt, it logically would follow that the hunting license would be from the state where the hunter is going. Although the federal statute does not require possession of a hunting license, it does require that the person transporting the firearm be going to a state where possession of that object is lawful. A valid hunting license from that state effectively supplies the proof.

These conditions for use and transport of hollow nose ammunition are consistent with the legislative intent to restrict the use of such ammunition to a limited number of people. It is well established that in construing a statute exceptions are to be "strictly but reasonably construed, consistent with the manifest reason and purpose of the law." Service Armament Co. v. Hyland, 70 N.J. 550, 558-559 (1976). The State Supreme Court has "characterized the Gun Control Law as 'highly purposed and conscientiously designed toward preventing criminal and other unfit elements from acquiring firearms while enabling the fit elements of society to obtain them with minimal burdens.'" Id. at 559.

http://www.state.nj.us/njsp/about/fire_hollow.html

 

[mikem317]

So was the "30-year-old state corrections officer" the burglar?

 

[Kevlar]

So was the "30-year-old state corrections officer" the burglar?

Yes.

 

[cekim]

So was the "30-year-old state corrections officer" the burglar?

Either that or Batman. It gets a little confusing in NJ who is the criminal and who is the employee of the state...

 

[SecondAmdFirst]

Well that just sucks. Don't these guys realize hollow point and resin tipped bullets reduce collateral damage?

 

[sig2009]

So I also assume they are legal to use in a justified self-defense situation, since that is not illegal.

NJ does not have the Castle Doctrine Law. If someone breaks into your house you are not allowed to shoot them. Only retreat out the door. In the case with hollow points I would not want the lawyers swarming and trying to charge you with anything more.

 

[sig2009]

Partially true...



http://www.state.nj.us/njsp/about/fire_hollow.html

What are you telling me partially true. I just told you everything in the law.

 

[NHAtHeart]

Either that or Batman. It gets a little confusing in NJ who is the criminal and who is the employee of the state...

Pretty sure "criminal" and "employee of the state" are synonyms in NJ aren't they?

 

[Kevlar]

What are you telling me partially true. I just told you everything in the law.

This...

...Only illegal if used to commit a crime...

...is incorrect. HP ammunition is illegal to possess outside of your home except under very limited circumstances, as outlined in my post above.

 

[SecondAmdFirst]

NJ does not have the Castle Doctrine Law. If someone breaks into your house you are not allowed to shoot them. Only retreat out the door. In the case with hollow points I would not want the lawyers swarming and trying to charge you with anything more.

No Castle Doctrine? I'm guessing no laws for standing your ground either? So what do you do if you can't get to the door? Christ, I never thought any state was worse than MA. Just another reason why "The Garden State" sucks! Kiss her where it smells.....take her to New Jersey!!!

 

[Kevlar]

...If someone breaks into your house you are not allowed to shoot them. Only retreat out the door...

Sorry, wrong again...

New Jersey Statutes 2C:3-4

c. (1) Notwithstanding the provisions of N.J.S.2C:3-5, N.J.S.2C:3-9, or this section, the use of force or deadly force upon or toward an intruder who is unlawfully in a dwelling is justifiable when the actor reasonably believes that the force is immediately necessary for the purpose of protecting himself or other persons in the dwelling against the use of unlawful force by the intruder on the present occasion.

(2) A reasonable belief exists when the actor, to protect himself or a third person, was in his own dwelling at the time of the offense or was privileged to be thereon and the encounter between the actor and intruder was sudden and unexpected, compelling the actor to act instantly and:

(a) The actor reasonably believed that the intruder would inflict personal injury upon the actor or others in the dwelling; or

(b) The actor demanded that the intruder disarm, surrender or withdraw, and the intruder refused to do so.

(3) An actor employing protective force may estimate the necessity of using force when the force is used, without retreating, surrendering possession, withdrawing or doing any other act which he has no legal duty to do or abstaining from any lawful action.