Supreme Court of New Jersey
State of New Jersey, Plaintiff-Respondent v. Crisoforo Montalvo, Defendant-Appellant
June 8, 2017229 N.J. 300
Summary
The Supreme Court of New Jersey reversed the Appellate Division, holding that the trial court's jury instruction on unlawful possession of a weapon was plain error because it incorrectly limited the self‑defense justification to situations where the defendant spontaneously arms himself to repel an immediate danger. The Court further held that a lawful weapon possessed in the home for self‑defense is protected by the Second Amendment and does not constitute unlawful possession under N.J.S.A. 2C:39‑5(d).