With personal safety becoming an increasing concern for many, it’s important to understand how self-defense law works in New Jersey and what weapons are considered legal when used for self-defense and which are prohibited. New Jersey is known for its stringent weapon laws, and has not adopted the ‘stand your ground’ law that other states have, which allows people to use deadly force when in a self-defense situation. There is NJ castle doctrine, which provides legal guidelines for someone using force to protect their home. Understanding self-defense laws and which weapons are legally allowed to be used to defend oneself in New Jersey can help an individual feel protected while still within the legal boundaries.
New Jersey’s Approach to Self-Defense
New Jersey’s self-defense laws emphasize the importance of using non-lethal methods whenever possible. The state does allow an individual to defend themselves with force when necessary to prevent injury or harm but maintains that the amount of force should be reasonable. If an individual does end up taking the life of someone else in self-defense they will likely still be arrested until the facts of the case can be determined, and even then if it is determined more than a reasonable amount of force was used in the self-defense the individual could face manslaughter charges. One of the things that will be taken into account in these types of cases is the weapon that was used for self-defense.
Legal Self-Defense Weapons in New Jersey
In New Jersey, there are a number of items a person may carry for the purposes of self-defense. They provide varying amounts of force but are all meant to effectively dissuade an attacker. Some of the most common of these include:
Personal Alarms – Personal alarms are legal and a non-violent way to deter attackers. They are typically a small button that can be worn and when pressed or deployed in some manner emits a very loud sound meant to attract attention and disorient potential threats.
Pepper Spray – Pepper spray or mace is legal in New Jersey for self-defense purposes. A person can carry a canister of pepper spray that is no more than 0.75 ounces (approximately 22 grams). It is only meant to be used for self-defense purposes, and users must be at least 18 years old and have no criminal record. Otherwise, they could face criminal mischief charges.
Stun Guns and Tasers – As of 2017, following a federal court ruling, you are allowed to use a stun gun or taser to legally defend yourself in the state of New Jersey. As with pepper spray, stun guns are only meant to be used for self-defense purposes and if you use it outside this purpose you could face criminal charges. You must also be 18 years or older to purchase and carry a stun gun.
Pocket Knives – Carrying a pocket knife for self-defense is legal in the state of New Jersey as long as the knife is not classified as a “gravity knife” or “switchblade.” The blade of the knife cannot exceed 5 inches in length and the knife should not be used for unlawful purposes.
Prohibited Weapons in New Jersey
There are a number of other types of weapons that could be used for self-defense, but which are prohibited to civilians, including but not limited to:
- Switchblades
- Gravity Knives
- Brass/Metal knuckles
- Billy clubs
- Slingshots
Expandable batons are also typically prohibited for civilians and can only be used by law enforcement officers or persons who have a permit.
Legal Considerations When Defending Yourself
Although it may feel that if you did not initiate the attack and are the one defending yourself from harm, any amount of force should be considered reasonable. This is not always the case. It’s important to understand how New Jersey looks at self-defense and that there are things to consider that could have legal implications. As mentioned above, an individual is expected to use a reasonable amount of force to neutralize the threat against them. If the force used proves to be excessive, then the person who was being attacked could face criminal charges.
It’s also important to use any sort of self-defense weapons responsibly and follow any extra restrictions related to their use. Such as it is typically illegal to bring pepper spray into a school, government building, or airport. It’s best to check local regulations before carrying a weapon in public places. It’s also advisable to keep receipts or proof of purchase for legal self-defense weapons and to consider getting training on how to use these weapons effectively and safely.
What To Do If You Were In A Self-Defense Situation
If you have been involved in a self-defense situation, it’s important to seek legal counsel immediately. An experienced self-defense attorney can help you navigate the complexities of New Jersey’s self-defense laws and ensure your rights are protected. It’s an essential right that you be able to protect yourself and your family from any threats, but while doing that, it’s important to avoid potential legal pitfalls if possible. Always prioritize non-lethal and proportionate responses to threats, and consider consulting with legal professionals to stay informed about any changes in the law.
