Can You Brandish a Gun on Your Property in Freehold, New Jersey?

brandish gun new jersey

New Jersey has some of the strictest gun laws in the nation, with many offenses carrying mandatory prison terms and parole ineligibility for those convicted of firearms charges. Many states have “stand-your-ground” laws allowing property owners to brandish a firearm to protect themselves and their property against an attack, home invasion, and bodily harm. New Jersey is not one of these states. Residents are prohibited from brandishing a firearm to protect themselves and their property in nearly all circumstances, with very few and strict exceptions.

Can I Legally Brandish a Firearm to Trespassers of Someone Refusing to Leave My Property?

New Jersey has strict self-defense laws, and brandishing a firearm against trespassers or someone who refuses to leave your property could be considered illegal. Brandishing a firearm is defined as “the unlawful display of a firearm intended to intimidate, coerce, or threaten” another.

Use of force with a firearm may be allowed if there is a threat of imminent danger, serious bodily harm, or death. Brandishing a firearm without a justifiable reason could lead to criminal charges, such as unlawful possession of a weapon or aggravated assault. The same is true for threatening to use a firearm.  New Jersey’s “duty to retreat” laws require you to avoid using deadly force and retreat, especially outside of your home. Brandishing a firearm can be considered the use of deadly force, and if you could have avoided displaying your firearm but chose to, you could face use of excessive force charges.

Is It Illegal to Brandish a Firearm on Your Own Property If There Is a Potential Threat?

Using a firearm to defend yourself is legal in New Jersey, but only when there is a clear, immediate, and unavoidable threat of serious bodily injury to you or others. Perceiving a potential threat is not considered a justifiable reason. You should call the police if you feel threatened rather than using your firearm and finding yourself charged with a crime.

New Jersey follows a “castle doctrine” rather than a “stand your ground” law, which requires you to retreat rather than use deadly force unless the use of force is reasonable and necessary to prevent serious harm or death. Brandishing a firearm without an imminent threat to your life is not considered self-defense.

Can I Answer the Door or Walk Onto My Porch with a Gun?

While you may legally own firearms, openly carrying a gun is not allowed without justification, even on your own property. Generally, you are legally allowed to possess firearms on your property without a permit to carry. New Jersey’s laws regarding transporting or carrying firearms include:

  • Permit to carry: You must obtain a permit to carry in order to publicly carry or transport a firearm. New Jersey has strict requirements for a permit to carry, including a justifiable need to carry, which makes obtaining this type of permit difficult.
  • Open carry: New Jersey does not allow open carry, even with a permit, and openly carrying a firearm in public could result in legal consequences, even on your property.
  • Transporting: When transporting between locations, including in your own vehicle, firearms must be unloaded and secured in a closed and fastened case, gun box, or other secured container.

Displaying a firearm on your porch or when answering the door could be perceived by others as a threat and lead to legal consequences or criminal charges. Whether it is legal to answer the door with a gun depends on the circumstances and whether it is interpreted as threatening. Local ordinances, in addition to state laws, may also pose further requirements on gun ownership, transportation, and carry.

How you handle the gun when answering the door is crucial. Pointing a firearm at someone without cause or in a threatening manner can lead to criminal charges. When answering the door, carrying a holstered or secured gun in a non-threatening manner may be legally allowable.

Can I Pull a Gun on Someone Breaking Into My Home or Car?

In New Jersey, you cannot use deadly force to defend your home or property, even inside your home. There is no presumption that someone stealing from you intends to do you bodily harm. Inside your home, the use of deadly force only applies to the defense of bodily harm to you or others.

Pointing a gun at someone can result in harsh penalties, such as aggravated assault, making terroristic threats, or unlawful possession of a weapon, depending on the circumstances. Pointing a gun at someone while committing a crime can lead to a prison sentence and thousands of dollars in fines, particularly if it can be proven that you intentionally did so without any regard for others’ safety or life.

What Are the Penalties for Brandishing a Gun on Your Own Property?

Brandishing a firearm is considered a fourth-degree crime in New Jersey, which carries up to 18 months in prison and fines of up to $10,000, depending on the severity of the situation. Other charges for brandishing a firearm on your property include:

  • Aggravated assault with a deadly weapon
  • Deadly conduct
  • Disorderly conduct
  • Illegal possession of a firearm
  • Menacing
  • Possessing a weapon for unlawful purposes
  • Terroristic threat

New Jersey’s Graves Act mandates sentencing guidelines for firearm violation convictions. This Act requires a minimum parole between one-third and one-half of the imposed sentence or three years, whichever is greater. Convictions for possession of a weapon for unlawful purposes carry severe penalties.

In all situations, you should call the police before brandishing a gun. Law enforcement is trained to handle and remove trespassers and others on private property without the situation escalating to the use of firearms and potential criminal charges.

It is important to inform out-of-state guests invited to your property of New Jersey’s stringent gun laws. New Jersey does not honor other states’ laws regarding gun permits, leading to thousands of arrests of unaware visitors from other states. Even residents of other states simply driving through New Jersey with a lawfully purchased and permitted firearm can find themselves facing criminal charges.

The Freehold Gun Offense Lawyers at Lyons & Associates, P.C. Help Property Owners Defend Firearm Charges

Brandishing a gun in New Jersey has serious consequences, including on your private property. If you have been charged with a gun offense, the experienced Freehold gun offense lawyers at Lyons & Associates, P.C. can help. Call us today at 908-575-9777 or contact us online to schedule a free consultation. Located in Somerville, Morristown, and Freehold, New Jersey, we serve clients in Monmouth County, Mercer County, and Burlington County.