New Jersey A 5885: Establishes "Stand Your Ground" self-defense law.

Bill Text

(Sponsorship Updated As Of: 12/21/2023)
ASSEMBLY, No. 5885

STATE OF NEW JERSEY
220th LEGISLATURE

INTRODUCED DECEMBER 14, 2023

Sponsored by:
Assemblyman GERRY SCHARFENBERGER
District 13 (Monmouth)

Co-Sponsored by:
Assemblyman McGuckin

SYNOPSIS
Establishes “Stand Your Ground” self-defense law.

CURRENT VERSION OF TEXT
As introduced.

A5885 SCHARFENBERGER
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AN ACT concerning self-defense and deadly force, supplementing 1
chapter 3 of Title 2C of the New Jersey Statutes, and repealing 2
N.J.S.2C:3-6. 3
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BE IT ENACTED by the Senate and General Assembly of the State 5
of New Jersey: 6
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1. Home Protection; Use of Deadly Force. 8
a. A person who is in possession or control of a dwelling or is 9
licensed or privileged to be thereon has no duty to retreat and has 10
the right to stand his ground and use or threaten to use: 11
(1) Force, other than deadly force, against another when and to 12
the extent that the person reasonably believes that such conduct is 13
necessary to defend himself or another against the other’s imminent 14
use of unlawful force; or 15
(2) Deadly force against another if the person reasonably 16
believes that using or threatening to use such force is necessary to 17
prevent imminent death or serious bodily harm to himself or another 18
or to prevent the imminent commission of a crime involving 19
violence, as defined in section 2 of P.L. , c. (C. ) (pending 20
before the Legislature as this bill). 21
b. A person is presumed to hold a reasonable fear of imminent 22
peril of death or serious bodily harm to himself or another when 23
using or threatening to use defensive force that is intended or likely 24
to cause death or serious bodily harm to another if: 25
(1) The person against whom the defensive force is used or 26
threatened was in the process of unlawfully and forcefully entering, 27
or had unlawfully and forcibly entered, a dwelling or occupied 28
vehicle, or if that person had removed or was attempting to remove 29
another against that person’s will from the dwelling or occupied 30
vehicle; and 31
(2) The person who uses or threatens to use defensive force knew 32
or had reason to believe that an unlawful and forcible entry or 33
unlawful and forcible act was occurring or had occurred. 34
c. The presumption set forth in subsection b. of this section does 35
not apply if: 36
(1) The person against whom the defensive force is used or 37
threatened is licensed or privileged to be in the dwelling or motor 38
vehicle and is not subject to a restraining order or protective order 39
issued by a court that protects the person who uses or threatens to 40
use defensive force; or 41
(2) The person sought to be removed is a child or grandchild, or 42
is otherwise in the lawful custody or under the lawful guardianship 43
of, the person against whom the defensive force is used or 44
threatened; or 45
(3) The person who uses or threatens to use defensive force is 46
engaged in a criminal activity or is using the dwelling, residence, or 47
occupied vehicle to further a criminal activity; or 48

A5885 SCHARFENBERGER
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(4) The person against whom the defensive force is used or 1
threatened is a law enforcement officer who enters or attempts to 2
enter a dwelling or vehicle in the performance of the officer’s 3
official duties and the officer identified himself in accordance with 4
any applicable law, or the person using or threatening to use force 5
knew or reasonably should have known that the person entering or 6
attempting to enter was a law enforcement officer. 7
d. A person who unlawfully and by force enters or attempts to 8
enter a person’s dwelling or occupied vehicle is presumed to be 9
doing so with the intent to commit an unlawful act involving force 10
or violence. 11
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2. As used in this act: 13
“Crime involving violence” means: aggravated assault as set 14
forth in subsection b. of N.J.S.2C:12-1; aggravated arson or arson 15
as set forth in N.J.S.2C:17-1; burglary as set forth in N.J.S.2C:18-2; 16
carjacking as set forth in section 1 of P.L.1993, c.221 (C.2C:15-2); 17
kidnapping as set forth in N.J.S.2C:13-1; murder as set forth in 18
N.J.S.2C:11-3; aggravated manslaughter or manslaughter as set 19
forth in N.J.S.2C:11-4; robbery as set forth in N.J.S.2C:15-1; the 20
third degree crime of stalking as set forth in subsection c., d., or e. 21
of section 1 of P.L.1992, c.209 (C.2C:12-10); aggravated sexual 22
assault or sexual assault as set forth in N.J.S.2C:14-2; or any other 23
crime which involves the use or threat of physical force or violence 24
against any individual. 25
“Deadly force” and “dwelling” have the meanings set forth in 26
N.J.S.2C:3-11. 27
“Defensive force” means deadly force used by a person who is in 28
possession or control of a dwelling or is licensed or privileged to be 29
thereon under the circumstances set forth in this act. 30
“Motor vehicle” has the meaning set forth in R.S.39:1-1. 31
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3. N.J.S.2C:3-6 is repealed. 33
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4. This act shall take effect on t