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Use of Force

Interim Training

For

Private Citizen

Concealed Carry

The NJSP, in conjunction with the Office of the Attorney General, is working to establish a new comprehensive training

program for applicants who are applying for, or renewing, a permit to carry a handgun, pursuant to N.J.S.A. 58-4(g)(1)

and (g)(2). See also N.J.S.A. 2C:58-4(d)(3). In addition to online materials and firing range requirements, the newly

developed training will include an in-person classroom component, where applicants will learn first-hand from

authorized certified instructors the principles of lawful and safe handling and safe storage of firearms. The live

component will be standardized across the state to ensure all applicants are provided the same meaningful opportunity

to receive a permit to carry. Until such time that the new training is implemented, and in order to comply with the law,

this document, as well as the training materials on safe handling and use found on the NJSP website shall be taught

by a certified firearms instructor to all applicants. Certified firearms instructors remain responsible for ensuring that

applicants for permits to carry handguns are properly trained and proficient before attesting to the applicant’s

competence on the prescribed certification form.

Revised 9/15/23 *INTERIM TRAINING*

Department of Law and Public Safety

Prepared by: New Jersey State Police Division of Criminal Justice

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Firearms Investi

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Introduction: Use of Force Training for Private Citizens

Unlike an active duty law enforcement officer, private citizens have no responsibilities to protect the

public. When you obtain a concealed weapons permit, you are authorized to carry a firearm for

personal protection. New Jersey law authorizes a private citizen to carry a firearm if the private

citizen meets certain criteria. See N.J.S.A. 2C:58-4.

However, it is important for you to understand your status. A private citizen is not required by law

to act to protect others unless there is a legal duty to protect that third party. Often times, being a

good witness is the best course of action.

A private citizen is not vested with any of the special privileges or immunities of an active law

enforcement officer. A private citizen is justified to use force in very limited circumstances, which

will be explained below. Again, it is important for you, as a private citizen, to have a thorough

understanding of your status as it pertains to arrest and the use of force.

Additionally, private citizens are prohibited from carrying a firearm into certain prohibited places.

See N.J.S.A. 2C:58-4.6; see also Koons/Siegel v. Platkin case. Prior to bringing a firearm to any

location, the private citizen should check to determine if carrying a firearm is permitted in that

location. Also, the concealed carry law does not permit the open carry of firearms, only concealed

carry. See N.J.S.A. 2C:58-4.5(b).

If stopped or detained a private citizen must disclose to law enforcement that they are in possession

of a firearm and must produce a permit to carry. N.J.S.A. 2C:58-4.4(b).

Private citizens who hold a lawfully-issued permit to carry a handgun cannot:

 use or consume alcohol, cannabis, or CDS while carrying a

handgun;

 be under the influence of alcohol, cannabis, or CDS while

carrying a handgun;

 carry outside of the holster or carry in public in a holster that

does not meet the carry permit requirements (N.J.S.A.

2C:58-4(h)); or

 carry more than 2 firearms at one time.

[N.J.S.A. 2C:58-4.4.]

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Chapter 3 of the New Jersey Code of Criminal Justice applies to both law enforcement officers

and to private citizens. Understand that N.J.S.A. 2C:3-1 et seq. provides for possible defenses or

justifications for the use of force.

It is extremely important that private citizens are familiar with these concepts so that they will act

in accordance with the law.

Private citizens may only use deadly force when there is a reasonable belief that force is

immediately necessary to protect the private citizen against the use of unlawful force by another

person that may result in the private citizen’s death or serious bodily harm.

I. Reasonable Belief

Reasonable belief is the cornerstone of all use of force. It is important that private citizens be

able to state articulable, objective factors that support their conclusion that there was a basis

or need for any use of force. A mere conclusion that force was necessary will not be sufficient.

Reasonable belief is defined as an objective assessment based upon an evaluation of how a

reasonable person with comparable training and experience would react to, or draw inferences

from, the facts and circumstances confronting and known by the person at the scene.

All use of force by a private citizen must be based on reasonable objective factors or inferences

drawn from those factors at the moment force is used.

A key factor that should be considered is whether the actor poses an immediate or imminent

threat to the safety of the private citizen or others.

II. Imminent Danger

In addition to a reasonable belief that the individual presents a threat, private citizens must

determine that there is an imminent need for the use of force.

Imminent danger is a threatened action or outcome that is immediately likely to occur during

an encounter absent action by the private citizen. The period of time involved is dependent on

the circumstances and facts evident in each situation and is not the same in all situations. The

threatened harm does not have to be instantaneous, for example, imminent danger may be

present even if a subject is not at that instant pointing a weapon at the private citizen, but is

carrying a weapon and running for cover to gain a tactical advantage.

III. Force Options

The private citizen must be familiar with the basic force options that may be available to

respond to the use of unlawful force against the private citizen, to protect life or property or to

prevent the commission of a crime.

In determining which force option is reasonable under the circumstances, the private citizen

must remember the general basic concepts in using force:

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 If non-deadly force could reasonably be expected to accomplish the same objective

as deadly force without unreasonably increasing the danger to the private citizen or

others, then non-deadly force, rather than deadly force, must be used.

 The use of deadly force is the absolute last resort.

A. Force Options:

 Constructive Authority – physical presence, voice commands. This is not a use of

force.

 Physical Contact – this is a minimal amount of contact such as guiding someone.

 Physical Force – used to overcome resistance. This includes any physical restraining

techniques or striking with the hands or feet.

 Mechanical Force –any device or substance, other than a firearm, used to overcome

a subject’s resistance.

A private citizen is not authorized under State law to possess a nightstick except under

certain circumstances. See N.J.S.A. 2C:39-3(i). However, the private citizen may

possess a chemical agent, such as pepper spray, for self-defense. Citizens are also

permitted to possess a conducted energy device (CED).

The private citizen is limited to not more than 3/4 of an ounce of a chemical agent

(pepper spray). Thus, the private citizen cannot possess the larger size of pepper spray

that an active duty law enforcement officer may possess. N.J.S.A. 2C:39-6(i).

If a private citizen uses pepper spray or a CED against a perpetrator, the private

citizen should, where feasible, summon the immediate assistance of a law

enforcement officer or first aid squad to provide aftercare to the individual against

whom the chemical agent or CED was deployed.

 Deadly Force –a firearm, knife, or any object capable of causing serious bodily

harm or death.

IV. Self Defense

A. Core Elements:

 Reasonable belief;

 Force is immediately necessary;

 For the purpose of protecting the private citizen against the

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use of unlawful force by another person on the present

occasion.

[N.J.S.A. 2C:3-4.]

B. Deadly force may only be used to protect the private citizen against death or serious

bodily harm.

C. Non-deadly force may be used to protect the private citizen against unlawful force.

D. Factors to consider:

 Duty to Retreat: A private citizen is not justified in using deadly force if the

private citizen:

o knows that he or she can avoid the necessity of using deadly force;

o with complete safety by retreating;

[N.J.S.A. 2C:3-4(b)(2).]

The duty to retreat applies in situations involving deadly force.

A person may point a firearm at another where the need for self-protection is

reasonably perceived and the person merely intends to create an apprehension in the

aggressor that deadly force may be used. See N.J.S.A. 2C:3-11(b).

However, it is important that there be some justification for pointing a firearm at

another person. Knowingly pointing a firearm at another person without justification

may constitute an aggravated assault. See N.J.S.A. 2C:12-1(b)(4).

Engaging in the unjustified display of a handgun is a crime. See N.J.S.A. 2C:58-

4.4(a).

A person is not required to retreat from their dwelling before using deadly force.

N.J.S.A. 2C:3-4(b)(2)(b)(i).

 Resident’s protection against intruders: A resident may use non-deadly or deadly force

upon an intruder who is unlawfully in a dwelling when the resident reasonably

believes that the force is immediately necessary to protect themselves or other persons

in the dwelling against the use of unlawful force by the intruder. See N.J.S.A. 2C:3-

4(c)(1).

 Reasonable Belief: Reasonable belief exists when:

o the resident, to protect themselves or a third person, was in

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their own dwelling at the time of the offense or was

privileged to be there and the encounter between the resident

and the intruder was sudden and unexpected, compelling

the resident to act instantly; and,

o the resident reasonably believed that the intruder would

inflict personal injury upon the resident or others in the

dwelling, or

o the resident demanded that the intruder disarm, surrender

or withdraw, and the intruder refused to do so.

[See N.J.S.A. 2C:3-4(c)(2)(a) and (b).]

V. Defense of Others

A. Core elements:

 Reasonable belief;

 Force necessary to aid victim;

 Intervention is immediately necessary to aid victim;

 The use of such force would be justified as lawful self-defense

if the private citizen was the intended victim.

[N.J.S.A. 2C:3-5.]

B. The justification in using force to aid a third party is similar as for self-defense.

The private citizen who seeks to aid the third-party victim must conclude that the

victim needs assistance in defending him or herself.

If the private citizen who seeks to aid the victim reasonably believes that the

victim’s life is in danger, the private citizen may use deadly force in defense of the

third party.

Before using deadly force, the private citizen should attempt to have the victim

retreat from the scene. However, the victim’s failure to retreat does not prohibit

justified intervention if the rescuer tried to cause the victim to retreat.

Neither the actor nor the person whom he seeks to protect is obliged to retreat when

in the other's dwelling to any greater extent than in his own. See N.J.S.A. 2C:3-

5(b)(3).

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VI. Defense of Premises or Personal Property

Only non-deadly force may be utilized to protect premises or personal property. Deadly

force is never justified in such situations. N.J.S.A. 2C:3-6.

A. Core elements:

 Reasonable belief;

 Force is immediately necessary;

 to prevent or terminate a criminal trespass, with respect to

premises, or a theft, criminal mischief or other criminal

interference with respect to personal property.

B. But first, the person using force should:

 order the intruder to stop, unless

 it would be useless, dangerous or substantial harm would be

done to the property.

VII. Use of Force to Prevent the Commission of a Criminal Offense

A. A person is justified in using non-deadly force upon or toward a third party if the

person:

 reasonably believes;

 force is immediately necessary;

 to prevent the other person from;

 committing suicide;

 inflicting serious bodily harm upon him or herself; or

 committing or consummating the commission of a crime involving or

threatening bodily harm, damage to or loss of property or a breach of the

peace.

B. Deadly force is only justified if the person using force

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 reasonably believes;

 it is likely that the person he or she seeks to prevent from committing

a crime;

 will endanger human life or inflict serious bodily harm upon another

unless;

 the commission or the consummation of the crime is prevented; and

 the use of deadly force presents no substantial risk of injury to

innocent persons.

[N.J.S.A. 2C:3-7.]

VIII. Private Citizen Actions after Firearm use

A. Law enforcement encounters with persons that are carrying a firearm can be tense.

Private Citizens that are armed should comply with all instructions from the law

enforcement officer.

B. Should a private citizen need to draw a firearm, they should holster the firearm as soon

as it is safe to do so. Private citizens should not approach an officer with their weapon

unholstered. Private citizens should not make any sudden movements. Private citizens

should keep their hands visible and away from the weapon. If an officer orders the private

citizen to the ground, that person should comply. Remember, the officer does not know

whom they are encountering.

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C. The holder of a Permit to Carry a handgun, if stopped or detained by a law enforcement

officer while carrying a handgun in public or traveling with a handgun in a motor vehicle,

shall:

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 (1) immediately disclose to the law enforcement officer that they are carrying a

handgun or that a handgun is stored in the vehicle; and

 (2) display their Permit to Carry a handgun.

A violation of the duty to disclose requirement is a crime. Failing to display your

Permit to Carry a handgun is a disorderly persons offense for the first offense and a

crime for a second or subsequent offense.

A holder of a Permit to Carry a handgun, who is carrying a handgun in public and is

detained by a law enforcement officer as part of a criminal investigation, shall provide

the handgun to the law enforcement officer upon request for purposes of inspecting

the handgun. A violation of this subsection is a crime."

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IX. Reporting Deadly Force

If a private citizen uses deadly force, the private citizen must immediately report the

incident to the law enforcement agency having jurisdiction where the incident occurred.

X. Summary

The private citizen must be thoroughly familiar with the legal justifications for the use of

force and must be familiar with the restrictions that apply when a private citizen uses force.

The private citizen must review these use of force concepts each time he or she qualifies with

the firearm. There can be no exceptions to the stringent requirements that apply to all persons

authorized to carry a firearm.

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Important Notice

This training material is intended for the use of private citizens in order that they

may qualify to carry a firearm pursuant to N.J.S.A. 2C:58-4. This material is

intended to serve as a summary of legal concepts as they pertain to the law of

arrest and use of force by a private citizen. It does not constitute the creation of

a prescribed legal standard. It should not be construed as evidential in any

criminal or civil proceeding.

If a private citizen has a question regarding the law of arrest or the use of force,

that person should consult with their attorney.