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JustAnotherGen

(37,798 posts)
Thu Feb 12, 2026, 01:13 PM 15 hrs ago

NJ Castle Doctrine - You have no duty to retreat

As we know the Paramilitary Forces its way into homes as masked intruders without warrants or identification -

Please note that the Castle Doctrine is in our favorite as residents in our home, apartment, trailer, condo, etc. etc.

One thing I learned from a little training last night is that IF you have anything recording you - it's not a bad idea to state "This is my home and if you enter I consider it aggression."

https://www.kemenylaw.com/post/no-duty-to-retreat-nj-supreme-court-clarifies-the-castle-doctrine-for-in-home-self-defense-cases


Chief Justice Stuart Rabner, writing for the Court, emphasized that self-defense laws in New Jersey require individuals to retreat if they can do so safely, except when they are in their own dwelling. In its decision, the Court explained the New Jersey’s self-defense law and the “Castle Doctrine,” which recognizes the importance of a person’s home and the special treatment we provide to it.


The Court explained that self-defense is considered an “affirmative defense” New Jersey’s Criminal Code. See N.J.S.A. 2C:3-1(a)-4(a). It allows the use of force against another person when the actor honestly and reasonably believes that such force is immediately necessary to protect himself from unlawful force by the other person.


Importantly, deadly force is generally not justifiable under New Jersey law if the actor knows he can avoid using such force with complete safety by retreating. This is known as the duty to retreat.



However, there is an exception to the duty to retreat. An actor is not required to retreat from their dwelling unless he or she was the initial aggressor. This concept, known as the "Castle Doctrine." The principle behind this doctrine is that a person attacked in their own home is not obligated to retreat and may stand their ground and resist the attack. This principle underscores the special treatment given to a home or dwelling.



Remember: The don't have warrants, they break through doors, they come in masked and without ID. . . you have all the rights in the world.
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