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Permits use of deadly force against black bears in certain cases
New Jersey State Legislature ^ | March 3, 2008 | STEVEN V. OROHO

Posted on 03/04/2008 11:57:30 AM PST by ZULU

SENATE, No. 1415

STATE OF NEW JERSEY

213th LEGISLATURE

INTRODUCED MARCH 3, 2008

Sponsored by:

Senator STEVEN V. OROHO

District 24 (Sussex, Hunterdon and Morris)

SYNOPSIS

Permits use of deadly force against black bears in certain cases.

CURRENT VERSION OF TEXT

As introduced.

An Act concerning black bears and the lawful use of deadly force, and supplementing chapter 4 of Title 23 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. In addition to the lawful taking of a black bear by a licensed hunter during authorized times as fixed by the provisions of the State Fish and Game Code, the use of deadly force upon or toward a black bear is justified when the black bear:

(1) is attacking any person or domesticated animal;

(2) is entering or has entered the actor's dwelling or the dwelling of a third party; or

(3) within 50 feet of the actor's dwelling or the dwelling of a third party and, based upon the black bear's actions or behavior, the actor reasonably believes that the use of deadly force is necessary to protect himself or to protect a third party from a substantial danger of bodily harm.

b. Nothing in this section shall be construed to prevent any State or local law enforcement officer or any duly authorized personnel of the New Jersey Division of Fish and Wildlife from using deadly force during the performance of their official duties to dispatch any injured or dangerous black bear.

2. This act shall take effect immediately.

STATEMENT

This bill sets forth grounds for the lawful use of deadly force against black bears.

Under the provisions of the bill, a person may use deadly force if the black bear (1) is attacking a person or domesticated animal, (2) is entering or has entered a dwelling or (3) is within 50 feet of a dwelling and, based upon the black bear's actions or behavior, the person reasonably believes that the use of deadly force is necessary to protect himself or another from a substantial danger of bodily harm.

The restrictions set forth in the bill do not apply to licensed hunters during any authorized hunting season.

Similarly, the bill's provisions do not apply to State or local law enforcement officers or to duly authorized personnel of the New Jersey Division of Fish and Wildlife who, in the course of performing their official duties, must use deadly force to dispatch any injured or dangerous black bear.


TOPICS: Culture/Society; US: New Jersey
KEYWORDS: 2ndamendment; armedcitizen; banglist; bears; blackbears; ccw; force; guns; wildlife
That it even necessary to enact such a law demonstrates how insane the poltical climate which exists in New Jersey.
1 posted on 03/04/2008 11:57:34 AM PST by ZULU
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To: ZULU

What if it’s trying to rape your sister?


2 posted on 03/04/2008 11:58:35 AM PST by WayneS (Respect the 2nd Amendment; Repeal the 16th)
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To: ZULU

And some say that you can’t legislate common sense! /s


3 posted on 03/04/2008 11:59:18 AM PST by Eagle Eye (I'm a RINO cuz I'm too conservative to be a Republican. McCain is the Conservatives true litmus test)
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To: ZULU

>> insane the poltical climate which exists in New Jersey.

Yeah, apparently you have to be an actor to shoot a bear.

Why are they so special? And why not actresses? Isn’t that sexist?

;-)


4 posted on 03/04/2008 11:59:32 AM PST by Nervous Tick (Retire Ron Paul! Support Chris Peden (www.chrispeden.org))
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To: WayneS
What if it’s trying to rape your sister?

Only if you can prove non-consent.

5 posted on 03/04/2008 12:00:22 PM PST by TADSLOS ( McCain-Feingold: "Good for thee but not for me"- John McCain)
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To: Nervous Tick

So let me get this straight. Robert Duvall can shoot a bear but I can’t?

What about the 14th Amendment’s guarantee of equal protection under the law?


6 posted on 03/04/2008 12:02:07 PM PST by WayneS (Respect the 2nd Amendment; Repeal the 16th)
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To: TADSLOS
Only if you can prove non-consent.

Or if she has been drinking. According to NOW is it impossible for a women to give consent after she drinks. It is rape.

7 posted on 03/04/2008 12:05:01 PM PST by Always Right (Was it over when the Germans bombed Pearl Harbor?)
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To: ZULU
If said bear is running off with your TV (retreating) can deadly force be used to recover the property? /sc
8 posted on 03/04/2008 12:05:06 PM PST by Deaf Smith
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To: ZULU
Sure, shoot the black bear but let the white bear get away with anything.

Whitie wins again.

9 posted on 03/04/2008 12:05:08 PM PST by KarlInOhio (Rattenschadenfreude: joy at a Democrat's pain, especially Hillary's pain caused by Obama.)
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To: Always Right

What if the bear was drinking?


10 posted on 03/04/2008 12:05:40 PM PST by TADSLOS ( McCain-Feingold: "Good for thee but not for me"- John McCain)
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To: ZULU

Taze them!


11 posted on 03/04/2008 12:07:21 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: KarlInOhio
Sure, shoot the black bear but let the white bear get away with anything.

Blatant racism. Of course it is the whities who wrote the law.

12 posted on 03/04/2008 12:07:22 PM PST by Always Right (Was it over when the Germans bombed Pearl Harbor?)
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To: TADSLOS

Depends on what he is drinking.

If he is drinking Budd, Schlitz, Coors or Old Milwaukee, shoot him.

If he is drinking Guiness, St. Pauli Girl, Becks or Heineken, join him.


13 posted on 03/04/2008 12:09:37 PM PST by ZULU (Non nobis, non nobis Domine, sed nomini tuo da gloriam. God, guts and guns made America great.)
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To: ZULU
That it even necessary to enact such a law demonstrates how insane the poltical climate which exists in New Jersey.

Now the people in Florida need to copy it

14 posted on 03/04/2008 12:10:28 PM PST by maine-iac7 (",,,but you can't fool all of the people all the time" LINCOLN)
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To: ZULU

If he’s drinking a martini, crown him.


15 posted on 03/04/2008 12:11:17 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: ZULU

But, here in Massachusetts, we have to

(a) provide a warm meal for the bear, otherwise known as a victim of his environment
(b) make available adequate shelter and hygiene facilities
(c) provide counseling as needed for housing and work opportunity
(d) supply a regular stipend for living expenses, rent and nutritional needs

...As if raiding my garbage cans every Sunday night weren’t enough.


16 posted on 03/04/2008 12:16:46 PM PST by Dominnae (When asked by a Persian emissary for his weapons, King Leonidas said "Come and take them.")
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To: WayneS

what about our right to keep and arm bears?


17 posted on 03/04/2008 12:17:44 PM PST by WOBBLY BOB (Conservatives are to McCain what Charlie Brown is to Lucy.)
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To: WayneS
What if it’s trying to rape your sister?

Or (gasp) eating her cheese but at 51, feet, 1 foot outside the permitted firing zone.

18 posted on 03/04/2008 12:19:45 PM PST by 1Old Pro
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To: ZULU
That it even necessary to enact such a law demonstrates how insane the political climate which exists in New Jersey.

There is no need for this law.

It was reported here on FR that a New Jersey congressperson introduced a bill to declare Northern New Jersey a bear free zone.

19 posted on 03/04/2008 12:21:14 PM PST by TYVets
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To: 1Old Pro

What if i”da-bear” is trying to rape my dog, at 55’?

Will they “persecute” me for defending my little “girl-dog”?


20 posted on 03/04/2008 12:25:48 PM PST by jacquej
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To: ZULU

Some bears need killing.


21 posted on 03/04/2008 12:28:13 PM PST by Williams
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To: ZULU

I guess you can’t just say “It’s coming right for us!” first!


22 posted on 03/04/2008 12:56:53 PM PST by pnh102
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To: ZULU

When you consider that it’s required to retreat from within your own home should an intrusion occur, this is refreshing.

Steve got my vote last election and handily won Sussex County - home to over 2100 Black Bear. Good to see him taking on a local issue since Trenton could care less.


23 posted on 03/04/2008 1:29:20 PM PST by paulcissa (The first requirement of Liberalism is to stand on your head and tell the world they're upside down)
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To: paulcissa

I wish him luck.

The Legislature is controlled by the kind of urban Democrat libs who make it necessary to enact laws like this one. I don;t think he will have much success, but applaud him for the attempt.

In the event a miracle happens, the unwashed, unshaved abomination in the State House is unlikely to sign it.


24 posted on 03/04/2008 1:40:26 PM PST by ZULU (Non nobis, non nobis Domine, sed nomini tuo da gloriam. God, guts and guns made America great.)
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To: WayneS

Some animals are more equal than others. (From Animal Farm)


25 posted on 03/04/2008 2:23:27 PM PST by DarkWaters
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To: ZULU

New Jersey? No...


26 posted on 03/06/2008 12:33:40 PM PST by wastedyears (Iron Maiden in two weeks' time.)
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To: wastedyears

New Jersey yes.

First in idiocy. The government that takes and takes and takes. The Soprano State.


27 posted on 03/06/2008 2:00:03 PM PST by ZULU (Non nobis, non nobis Domine, sed nomini tuo da gloriam. God, guts and guns made America great.)
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