NJ Court: State Can’t Criminalize Possession of “Pencils†and Other Lawful Objects for Home Self-defense
Friday, June 16, 2017
It is refreshing to finally see some common sense coming out of a court in NJ, as the state is notoriously known for its illogical and Draconian
gun laws that do little more than make felons out of law-abiding gun owners.
Last week, the Supreme Court of New Jersey upheld the right to lawfully possess and hold a weapon for self-defense in the home, rejecting arguments advanced by the State that would treat a citizen like a criminal for simply answering an angry knock at his own door while holding an object that was legal to possess.
The case,
Montalvo v. State, arose out of a commonplace neighborhood dispute. Daleckis, downstairs of Montalvo, banged on the ceiling to let Montalvo know he was upset about the noise from upstairs. Montalvo then knocked on the Daleckis front door, and, getting no response, threw a table off their shared porch, which he acknowledged was a “stupid†thing to do. Shortly after, Daleckis went to the Montalvo apartment to confront him over the broken table. Montalvo and his wife claimed Daleckis was not just knocking but angrily kicking and slamming on their door. Uncertain of what to expect, Montalvo took the precaution of picking up a machete â€" used in his work as a roofer and kept with other tools â€" before opening the door. In the exchange that followed, Daleckis said Montalvo pointed the machete at him, while Montalvo testified he held the machete down the entire time. Both agreed, though, that Montalvo never stepped outside of his own apartment.
