Retired Cop Charged With Illegal Possession of a Handgun After Killing Carjacker !!!

[WT]

I'll bet that the charges against the retired LEO are dropped.

It is not true that one cannot use a firearm in NJ to defend one's life in a legitimate self defense situation. An number of such incidents have occurred - Paterson, Green Brook, Scotch Plains, Atlantic City, Jersey City, etc. None of the above were charged with any wrongdoing.

Two experienced and successful self defense attorneys in Northern NJ include Galantucci in Hackensack and Critchley in Morristown.

 

[Nightfall]

NJ has some nice corn.

That's about it.

 

[0luke1]

Please don't forget about the tomatos. They're very good too.

Perhaps the prosecutor thought the small caliber handgun was a throw down.

 

[shooter1]

Wonder how the very recent passage of Act 214 into law will affect the outcome of this event????
str1

 

[Double Naught Spy]

I don't know what all the complaining is about. The guy was a retired cop. He knew the law and knew the rammifications. He made a decision to carry a gun illegally and knowing full well that if something went wrong, he would likely face charges for the weapon. He had the background and training to weigh the potential outcomes of carrying versus not carrying and how to respond should he need to produce a gun..

 

[shooter1]

He's still alive! I don't think he made a bad decision. Act 214 was just signed into law allowing retired LEOs to carry pretty much anywhere. I think that will be a factor in this case. That said, I think there should be a nationwide CCW permit.
str1

 

[Blue Line]

Better to be tried by 12 than carried by 6.

 

[whm1974]

I don't know what all the complaining is about. The guy was a retired cop. He knew the law and knew the rammifications. He made a decision to carry a gun illegally and knowing full well that if something went wrong, he would likely face charges for the weapon. He had the background and training to weigh the potential outcomes of carrying versus not carrying and how to respond should he need to produce a gun..

If you had to go though a dangours area to go to work or home everyday, you wouldn't give some thought about having protection within reach? I'll bet you that a lot of retired cops DO carry notwithstanding what the law says.

-Bill

 

[WT]

I did some local research. This guy is a hero. He was issued a mere summons at the station house and then taken out for beer afterwards.

He took on 5 badguys. Killed one, wounded another, drove off the other 3. That takes BIG BRASS ONES. The BG's were driving a stolen car which was recovered with the stiff inside, gun included.

The Essex County prosecutor loves this case. He can charge the 4 remaining BG's with murder since someone died during the commission of a felony. When caught, these guys are going away for 30 years. This retired LEO took 5 rectal orifices off the street, essentially permanently.

By the way, the deceased took a single .40 cal JHP to the chest. One-shot-stop!

The retired LEO will walk. Sometimes, life is grand.

 

[Nathaniel Firethorn]

Two experienced and successful self defense attorneys in Northern NJ include Galantucci in Hackensack and Critchley in Morristown.

The names I got were Alan Zegas (973-701-7080) and Brian Neary (201-488-0544).

Per the Port Authority retired LEO (now a prosecutor), Zegas is the best criminal defense attorney in PRNJ. I carry both names and numbers in my wallet. (And Nappen's card too, in case I want to clean a slide at the range. )

- pdmoderator

 

[cerberus]

New York New York

What a crappy City and we wonder why it has such high crime.

 

[Dot_mdb]

WT,

>>It is not true that one cannot use a firearm in NJ to defend one's life in a legitimate self defense situation. An number of such incidents have occurred - Paterson, Green Brook, Scotch Plains, Atlantic City, Jersey City, etc. None of the above were charged with any wrongdoing.<<

Are you saying that in the cases you mentioned above that people were carrying illegally in NJ and used their guns to defend themselves and then were not charged with anything? Or are you saying that they defended themselves in their houses or business and then were not charged?

The fact is that if this ex-cop was not illegally carrying a weapon there is a good chance he would be dead right now. I don't carry and I drive very close to that area and if it had been me I would not have been armed.

Are you in NJ? Do you feel like it is ok to carry without a license which is almost impossible to get?

Bill

 

[Samurai Penguin]

The retired LEO will walk. Sometimes, life is grand.

True...but, dammit, he never should have been charged in the first place!

And if he weren't an ex-LEO, how do you think this would go down?

 

[jimbo]

And the headlines will read "Retired LEO foils carjackers" and "Joe Schmoe murdered by carjackers."

One law for ex-LEOs and one law for "normal" citizens does not strike me as conforming to the intent of the Constitution's framers.

Can I go through the police acadamy, quit in one year and then be ex-LEO so I can legally carry as well?

 

[Iron Mike]

I live in New Jersey and have done so my entire 56 years .I used to drive through some very rough areas to get to work.I had a VW golf at the time of the Rodney King riots I believe the law in NJ states,a firearm must be locked in the trunk and the ammo must be kept in the passenger compartment,well I had my Sig 220 in a case in the hatchback area with the rear seat removed and three full mags in the glove box. Im not sure I was in compliance, but like a famous lawman once said If one man is to be burried and the other tried, I'll be standing before the judge.three more years till retirement and I'm outta here

 

[Dot_mdb]

I'm not an attorney but I am pretty sure that loaded mags = loaded gun in NJ.

I think you can place the ammo and the guns in the trunk but they have to be in separate containers. I don't think the containers have to be locked but they have to be "secured" which is not the same thing.

Bill

 

[Iron Mike]

Oh!....well that was my mistake......I kind of figured it wasn't a 100% kosher .but it did make me feel a bit more secure.

 

[dinosaur]

The incident happened a couple of days before the Pres. signed H.R. 218.

If I pulled up to the scene of a shooting and it went down like this one, the shooter would be my hero. Unfortunately it's not the guy who does the paperwork that makes the decision. It has to go to the D.A. who has the final say.

Those of you who've posted here for awhile know it's not like in the movies. There's a reaction for every action, even when you're 1000% right the legal battles are far from over. The Rev. Al or whoever the activist du jour is today has to make an appearance. It's as inevitable as popping a zit, the puss has to come out.

 

[DevilDog]

This is an example why I like the idea of a law (state or federal) that a person cannot be charge for a weapon violation involving an incident where that weapon was used in self-defense and the incident was not instigated by that same person.

Any holes in that idea where a real criminal could use it to their advantage?

 

[TechBrute]

This is an example why I like the idea of a law (state or federal) that a person cannot be charge for a weapon violation involving an incident where that weapon was used in self-defense and the incident was not instigated by that same person.

It was my understanding that something along those lines already exists, it's just never used. I don't know the fancy latin name for the concept, but I'm sure someone else can jump in with some help.

 

[OH25shooter]

Incidents like this make me want to move to Montana. Somewhere in a nice quite wooded area. Close to the mountains and big blue sky. Near a stream with lots of deer and birds singing. WAKE UP! You live in the city and this will never happen.

 

[mondocomputerman]

DevilDog, I like that idea.

 

[Footer]

Are you in NJ? Do you feel like it is ok to carry without a license which is almost impossible to get?

One law for ex-LEOs and one law for "normal" citizens does not strike me as conforming to the intent of the Constitution's framers

To add my $.02......
As I type this at work, I am less then two miles from where this all went down. As much as I would love to be able to carry and be in a position to defend myself in such a situation, I choose not to. Not because I don't feel it is necessary but because it is illegal. No "normal" citizens here in NJ are able to obtain carry permits, in fact, it takes close to 45 days just to get a purchase permit !! For 365 days a year I would have to sweat it out worrying whether I would be pulled over for some traffic violation (which they do here regularly for no reason at all) and then be arrested for illegally carry a weapon. Unfortunately, as Jimbo puts it, us "normal" citizens are not allowed the same leeway as some others here in NJ. As much as I'm glad to hear the outcome of this encounter, he should have no rights afforded him that aren't extended to us all.

 

[RON in PA]

Seems to me that this is a Bernie Goetz situation, a rightous self-defense, but an illegal weapons possession. The local DA will use his descretionary power depending on the noise from the masses and the media.

 

[shooter1]

Sadly, there has been a bit of LE resentment surfacing here in this thread, This disturbs me deeply. By far the majority of LEOs are very much in favor of civilian CCW. There is not a problem with having the good guys armed. I have heard reference to "Ordinary People" vs LEO. I submit that all of us are "Ordinary People" as we are all held to the same accountability under the law. What makes us different, is our life experiences due to the nature of our proffession. I submit that the average LEO makes more "Life or Death" decisions in a week than the average non LEO makes in a lifetime! The "Ordinary" LEO knows first hand just how fast things can go bad, and has seen these events unfold countless times. It is this experience, plus the hundreds of hours of training that seperate the "Ordinary" citizen from the "Ordinary" LEO. That is the ONLY difference. All of us would like to go home at the end of the shift! I might add that LEOs have a "fan club" as well who would like nothing better that to catch them off duty and unarmed.
str1