4. This act shall take effect on the first day of the fourth month following enactment.
[First Reprint]
SENATE, No. 1651
STATE
OF NEW JERSEY
217th LEGISLATURE
INTRODUCED FEBRUARY 16, 2016
Sponsored
by:
Senator JEFF VAN DREW
District
1 (Atlantic, Cape May and Cumberland)
Senator STEVEN V. OROHO
District
24 (Morris, Sussex and Warren)
Assemblyman R. BRUCE LAND
District
1 (Atlantic, Cape May and Cumberland)
Assemblyman BOB ANDRZEJCZAK
District
1 (Atlantic, Cape May and Cumberland)
Assemblyman DECLAN J. O'SCANLON, JR.
District
13 (Monmouth)
Assemblyman JON M. BRAMNICK
District
21 (Morris, Somerset and Union)
Assemblyman GORDON M. JOHNSON
District
37 (Bergen)
Assemblywoman VALERIE VAINIERI HUTTLE
District
37 (Bergen)
Assemblyman PARKER SPACE
District
24 (Morris, Sussex and Warren)
Assemblywoman SHAVONDA E. SUMTER
District
35 (Bergen and Passaic)
Co-Sponsored
by:
Senators
A.R.Bucco, Bell, Assemblymen
Barclay, Peterson, DeAngelo, Rooney, Gusciora,
Singleton and Assemblywoman Downey
SYNOPSIS
Retitles State correction officer as State correctional police officer;
clarifies law enforcement powers.
CURRENT
VERSION OF TEXT
As reported by the Senate Law and Public Safety Committee on January 5, 2018,
with amendments.
An Act concerning State corrections officers,
supplementing Title 11A of the New Jersey Statutes and amending P.L.1968, c.427
and N.J.S.2C:39-6.
Be It Enacted by the Senate and General Assembly of
the State of New Jersey:
1. (New section) 1a.1 The 1[Commissioner of Personnel]
Civil Service Commission1 shall effectuate the following
title changes in the career service:
1[a.] (1)1 Correction officer recruit shall be retitled as correctional police
officer;
1[b.] (2)1 Senior correction officer shall be retitled as 1[Senior]
senior1 correctional police officer;
1[c.] (3)1 Correction sergeant shall be retitled as correctional police sergeant;
1[d.] (4)1 Correction lieutenant shall be retitled as correctional police
lieutenant;
1[e.] (5)1 Correction captain shall be retitled as correctional police captain; 1[and]1
1[f.] (6)1 Director of custody operations shall be
retitled as correctional police chief 1;
(7) Correction officer apprentice shall be retitled as correctional
police officer apprentice; and
(8) Correction major shall be retitled as correctional police major1.
1b.1 The title changes 1[authorized]
provided1 under this section shall apply to
all 1[correction]
corrections1 officers employed by the New Jersey
Department of 1[Correction]
Corrections1 and the Juvenile Justice
Commission.
1c. Any fees associated with the retitling pursuant to
subsection a. of this section shall be borne by the corrections officer whose
title is changed.1
2. Section 1 of
P.L.1968, c.427 (C.2A:154-4) is amended to read as follows:
1. All [correction] correctional
police officers of the State of New Jersey, parole officers employed by the
State Parole Board and investigators in the Department of Corrections, who have
been or who may hereafter be appointed or employed, shall, by virtue of such appointment
or employment and in addition to any other power or authority, be empowered to
exercise full police powers and to act as peace officers, at all
times, for the detection, apprehension, arrest and conviction of offenders
against the law.
Correctional police officers
empowered with full police powers under this section shall, while performing
their duties in a lawful manner, be deemed to be acting under lawful authority
and shall enjoy all the immunities from tort liability and shall have all the
pension, relief, disability, workmen’s compensation, insurance and other
benefits they otherwise enjoy when performing their regular duties.
(cf: P.L.2001, c.79, s.14)
1[3.
N.J.S.2C:39-6 is amended to read as follows:
2C:39-6. a. Provided a person
complies with the requirements of subsection j. of this section, N.J.S.2C:39-5
does not apply to:
(1) Members of the
Armed Forces of the United States or of the National Guard while actually on duty, or while traveling between places of duty
and carrying authorized weapons in the manner prescribed by the appropriate
military authorities;
(2) Federal law
enforcement officers, and any other federal officers and employees required to
carry firearms in the performance of their official duties;
(3) Members of the
State Police and, under conditions prescribed by the superintendent, members of
the Marine Law Enforcement Bureau of the Division of State Police;
(4) A sheriff,
undersheriff, sheriff's officer, county prosecutor, assistant prosecutor,
prosecutor's detective or investigator, deputy attorney general or State
investigator employed by the Division of Criminal Justice of the Department of
Law and Public Safety, investigator employed by the State Commission of
Investigation, inspector of the Alcoholic Beverage Control Enforcement Bureau
of the Division of State Police in the Department of Law and Public Safety
authorized to carry such weapons by the Superintendent of State Police, State
park police officer, or State conservation officer;
(5) Except as
hereinafter provided, a state correctional police officer, or a prison or
jail warden of any penal institution in this State or his deputies, or an
employee of the Department of Corrections engaged in the interstate
transportation of convicted offenders, while in the performance of his duties,
and when required to possess the weapon by his superior officer, or a
corrections officer or keeper of a penal institution in this State at all times
while in the State of New Jersey, provided he annually passes an examination
approved by the superintendent testing his proficiency in the handling of
firearms;
(6) A civilian
employee of the United States Government under the supervision of the
commanding officer of any post, camp, station, base or other military or naval
installation located in this State who is required, in the performance of his
official duties, to carry firearms, and who is authorized to carry such
firearms by said commanding officer, while in the actual performance of his
official duties;
(7) (a) A regularly employed
member, including a detective, of the police department of any county or
municipality, or of any State, interstate, municipal or county park police
force or boulevard police force, at all times while in
the State of New Jersey;
(b) A special law
enforcement officer authorized to carry a weapon as provided in subsection b.
of section 7 of P.L.1985, c.439 (C.40A:14-146.14);
(c) An airport
security officer or a special law enforcement officer appointed by the
governing body of any county or municipality, except as provided in subsection (b)
of this section, or by the commission, board or other body having control of a
county park or airport or boulevard police force, while engaged in the actual
performance of his official duties and when specifically authorized by the
governing body to carry weapons;
(8) A full-time, paid
member of a paid or part-paid fire department or force of any municipality who
is assigned full-time or part-time to an arson investigation unit created
pursuant to section 1 of P.L.1981, c.409 (C.40A:14-7.1) or to the county arson
investigation unit in the county prosecutor's office, while either engaged in
the actual performance of arson investigation duties or while actually on call
to perform arson investigation duties and when specifically authorized by the governing
body or the county prosecutor, as the case may be, to carry weapons. Prior to
being permitted to carry a firearm, such a member shall take and successfully
complete a firearms training course administered by the Police Training
Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), and shall annually
qualify in the use of a revolver or similar weapon prior to being permitted to
carry a firearm;
(9) A juvenile
corrections officer in the employment of the Juvenile Justice Commission established
pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) subject to the
regulations promulgated by the commission;
(10) A designated employee or
designated licensed agent for a nuclear power plant under license of the
Nuclear Regulatory Commission, while in the actual performance of his official
duties, if the federal licensee certifies that the designated employee or
designated licensed agent is assigned to perform site protection, guard, armed
response or armed escort duties and is appropriately trained and qualified, as
prescribed by federal regulation, to perform those duties. Any firearm
utilized by an employee or agent for a nuclear power plant pursuant to this
paragraph shall be returned each day at the end of the employee's or agent's
authorized official duties to the employee's or agent's supervisor. All
firearms returned each day pursuant to this paragraph shall be stored in locked
containers located in a secure area;
(11) A county corrections officer
at all times while in the State of New Jersey,
provided he annually passes an examination approved by the superintendent
testing his proficiency in the handling of firearms.
b. Subsections
a., b. and c. of N.J.S.2C:39-5 do not apply to:
(1) A law enforcement
officer employed by a governmental agency outside of the State of New Jersey
while actually engaged in his official duties,
provided, however, that he has first notified the superintendent or the chief
law enforcement officer of the municipality or the prosecutor of the county in
which he is engaged; or
(2) A licensed dealer
in firearms and his registered employees during the course of
their normal business while traveling to and from their place of business and
other places for the purpose of demonstration, exhibition or delivery in
connection with a sale, provided, however, that the weapon is carried in the
manner specified in subsection g. of this section.
c.
Provided a person complies with the requirements of subsection j. of this
section, subsections b. and c. of N.J.S.2C:39-5 do not apply to:
(1) A special agent
of the Division of Taxation who has passed an examination in an approved police
training program testing proficiency in the handling of any firearm which he
may be required to carry, while in the actual performance of his official
duties and while going to or from his place of duty, or any other police
officer, while in the actual performance of his official duties;
(2) A State deputy
conservation officer or a full-time employee of the Division of Parks and
Forestry having the power of arrest and authorized to carry weapons, while in
the actual performance of his official duties;
(3)
(Deleted by amendment, P.L.1986, c.150.)
(4) A court attendant
serving as such under appointment by the sheriff of the county or by the judge
of any municipal court or other court of this State, while in the actual
performance of his official duties;
(5) A guard in the
employ of any railway express company, banking or building and loan or savings
and loan institution of this State, while in the actual performance of his
official duties;
(6) A member of a
legally recognized military organization while actually under
orders or while going to or from the prescribed place of meeting and carrying
the weapons prescribed for drill, exercise or parade;
(7) A humane law
enforcement officer of the New Jersey Society for the Prevention of Cruelty to
Animals or of a county society for the prevention of cruelty to animals, while
in the actual performance of his duties;
(8) An employee of a
public utilities corporation actually engaged in the
transportation of explosives;
(9) A railway
policeman, except a transit police officer of the New Jersey Transit Police
Department, at all times while in the State of New
Jersey, provided that he has passed an approved police academy training program
consisting of at least 280 hours. The training program shall include, but
need not be limited to, the handling of firearms, community relations, and
juvenile relations;
(10) A campus police officer
appointed under P.L.1970, c.211 (C.18A:6-4.2 et seq.) at all
times. Prior to being permitted to carry a firearm, a campus
police officer shall take and successfully complete a firearms training course
administered by the Police Training Commission, pursuant to P.L.1961, c.56
(C.52:17B-66 et seq.), and shall annually qualify in the use of a revolver or
similar weapon prior to being permitted to carry a firearm;
(11) (Deleted by amendment,
P.L.2003, c.168).
(12) A transit police officer of
the New Jersey Transit Police Department, at all times
while in the State of New Jersey, provided the officer has satisfied the
training requirements of the Police Training Commission, pursuant to subsection
c. of section 2 of P.L.1989, c.291 (C.27:25-15.1);
(13) A parole officer employed by
the State Parole Board at all times. Prior to
being permitted to carry a firearm, a parole officer shall take and
successfully complete a basic course for regular police officer training
administered by the Police Training Commission, pursuant to P.L.1961, c.56
(C.52:17B-66 et seq.), and shall annually qualify in the use of a revolver or
similar weapon prior to being permitted to carry a firearm;
(14) A Human Services police
officer at all times while in the State of New Jersey,
as authorized by the Commissioner of Human Services;
(15) A person or employee of any
person who, pursuant to and as required by a contract with a governmental
entity, supervises or transports persons charged with or convicted of an offense;
(16) A housing authority police
officer appointed under P.L.1997, c.210 (C.40A:14-146.19 et al.) at all times while in the State of New Jersey; or
(17) A probation officer assigned
to the "Probation Officer Community Safety Unit" created by section 2
of P.L.2001, c.362 (C.2B:10A-2) while in the actual performance of the
probation officer's official duties. Prior to being permitted to carry a
firearm, a probation officer shall take and successfully complete a basic
course for regular police officer training administered by the Police Training
Commission, pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), and shall
annually qualify in the use of a revolver or similar weapon prior to being
permitted to carry a firearm.
d. (1)
Subsections c. and d. of N.J.S.2C:39-5 do not apply to antique firearms,
provided that such antique firearms are unloaded or are being fired for the
purposes of exhibition or demonstration at an authorized target range or in
such other manner as has been approved in writing by the chief law enforcement
officer of the municipality in which the exhibition or demonstration is held,
or if not held on property under the control of a particular
municipality, the superintendent.
(2) Subsection a. of
N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to an antique
cannon that is capable of being fired but that is unloaded and immobile,
provided that the antique cannon is possessed by (a) a scholastic institution,
a museum, a municipality, a county or the State, or (b) a person who obtained a
firearms purchaser identification card as specified in N.J.S.2C:58-3.
(3) Subsection a. of
N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to an unloaded
antique cannon that is being transported by one eligible to possess it, in
compliance with regulations the superintendent may promulgate, between its
permanent location and place of purchase or repair.
(4) Subsection a. of
N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to antique
cannons that are being loaded or fired by one eligible to possess an antique
cannon, for purposes of exhibition or demonstration at an authorized target
range or in the manner as has been approved in writing by the chief law
enforcement officer of the municipality in which the exhibition or
demonstration is held, or if not held on property under the control of a
particular municipality, the superintendent, provided that performer has given
at least 30 days' notice to the superintendent.
(5) Subsection a. of
N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to the
transportation of unloaded antique cannons directly to or from exhibitions or
demonstrations authorized under paragraph (4) of subsection d. of this section,
provided that the transportation is in compliance with
safety regulations the superintendent may promulgate. Nor do those
subsections apply to transportation directly to or from exhibitions or
demonstrations authorized under the law of another jurisdiction, provided that
the superintendent has been given 30 days' notice and that the transportation is in compliance with safety regulations the superintendent
may promulgate.
e.
Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to
prevent a person keeping or carrying about his place of business, residence,
premises or other land owned or possessed by him, any firearm, or from carrying
the same, in the manner specified in subsection g. of this section, from any
place of purchase to his residence or place of business, between his dwelling
and his place of business, between one place of business or residence and
another when moving, or between his dwelling or place of business and place
where such firearms are repaired, for the purpose of repair. For the
purposes of this section, a place of business shall be deemed to be a fixed
location.
f.
Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to
prevent:
(1) A member of any
rifle or pistol club organized in accordance with the rules prescribed by the
National Board for the Promotion of Rifle Practice, in going to or from a place
of target practice, carrying such firearms as are necessary for said target
practice, provided that the club has filed a copy of its charter with the
superintendent and annually submits a list of its members to the superintendent
and provided further that the firearms are carried in the manner specified in
subsection g. of this section;
(2) A person carrying
a firearm or knife in the woods or fields or upon the waters of this State for the purpose of hunting, target practice or fishing,
provided that the firearm or knife is legal and appropriate for hunting or
fishing purposes in this State and he has in his possession a valid hunting license,
or, with respect to fresh water fishing, a valid fishing license;
(3) A person
transporting any firearm or knife while traveling:
(a) Directly to or
from any place for the purpose of hunting or fishing,
provided the person has in his possession a valid hunting or fishing license;
or
(b) Directly to or
from any target range, or other authorized place for the
purpose of practice, match, target, trap or skeet shooting exhibitions,
provided in all cases that during the course of the travel all firearms are
carried in the manner specified in subsection g. of this section and the person
has complied with all the provisions and requirements of Title 23 of the
Revised Statutes and any amendments thereto and all rules and regulations promulgated
thereunder; or
(c) In the case of a
firearm, directly to or from any exhibition or display of firearms which is
sponsored by any law enforcement agency, any rifle or pistol club, or any
firearms collectors club, for the purpose of displaying the firearms to the
public or to the members of the organization or club, provided, however, that
not less than 30 days prior to the exhibition or display, notice of the
exhibition or display shall be given to the Superintendent of the State Police
by the sponsoring organization or club, and the sponsor has complied with such
reasonable safety regulations as the superintendent may promulgate. Any
firearms transported pursuant to this section shall be transported in the
manner specified in subsection g. of this section;
(4) A person from
keeping or carrying about a private or commercial aircraft or any boat, or from
transporting to or from such vessel for the purpose of
installation or repair a visual distress signaling device approved by the
United States Coast Guard.
g. All weapons
being transported under paragraph (2) of subsection b., subsection e., or
paragraph (1) or (3) of subsection f. of this section shall be carried unloaded
and contained in a closed and fastened case, gunbox,
securely tied package, or locked in the trunk of the automobile in which it is
being transported, and in the course of travel shall
include only such deviations as are reasonably necessary under the
circumstances.
h. Nothing in
subsection d. of N.J.S.2C:39-5 shall be construed to prevent any employee of a
public utility, as defined in R.S.48:2-13, doing business in this State
or any United States Postal Service employee, while in the actual performance
of duties which specifically require regular and frequent visits to private
premises, from possessing, carrying or using any device which projects,
releases or emits any substance specified as being noninjurious
to canines or other animals by the Commissioner of Health and which immobilizes
only on a temporary basis and produces only temporary physical discomfort
through being vaporized or otherwise dispensed in the air for the sole purpose
of repelling canine or other animal attacks.
The device shall be used solely
to repel only those canine or other animal attacks when the canines or other
animals are not restrained in a fashion sufficient to allow the employee to
properly perform his duties.
Any device used pursuant to this
act shall be selected from a list of products, which consist of active and
inert ingredients, permitted by the Commissioner of Health.
i.
(1) Nothing in N.J.S.2C:39-5 shall be construed to prevent any person who is 18
years of age or older and who has not been convicted of a crime, from
possession for the purpose of personal self-defense of one pocket-sized device
which contains and releases not more than three-quarters of an ounce of
chemical substance not ordinarily capable of lethal use or of inflicting
serious bodily injury, but rather, is intended to produce temporary physical
discomfort or disability through being vaporized or otherwise dispensed in the
air. Any person in possession of any device in violation of this subsection
shall be deemed and adjudged to be a disorderly person, and upon conviction
thereof, shall be punished by a fine of not less than $100.
(2) Notwithstanding
the provisions of paragraph (1) of this subsection, nothing in N.J.S.2C:39-5
shall be construed to prevent a health inspector or investigator operating
pursuant to the provisions of section 7 of P.L.1977, c.443 (C.26:3A2-25) or a
building inspector from possessing a device which is capable of releasing more
than three-quarters of an ounce of a chemical substance, as described in
paragraph (1), while in the actual performance of the inspector's or
investigator's duties, provided that the device does not exceed the size of
those used by law enforcement.
j. A
person shall qualify for an exemption from the provisions of N.J.S.2C:39-5, as
specified under subsections a. and c. of this section, if the person has
satisfactorily completed a firearms training course approved by the Police
Training Commission.
Such exempt person shall not
possess or carry a firearm until the person has satisfactorily completed a
firearms training course and shall annually qualify in the use of a revolver or
similar weapon. For purposes of this subsection, a "firearms training
course" means a course of instruction in the safe use, maintenance and
storage of firearms which is approved by the Police Training Commission.
The commission shall approve a firearms training course if the requirements of
the course are substantially equivalent to the requirements for firearms
training provided by police training courses which are certified under section 6
of P.L.1961, c.56 (C.52:17B-71). A person who is specified in paragraph (1),
(2), (3) or (6) of subsection a. of this section shall be exempt from the
requirements of this subsection.
k. Nothing in
subsection d. of N.J.S.2C:39-5 shall be construed to prevent any financial
institution, or any duly authorized personnel of the institution, from
possessing, carrying or using for the protection of money or property, any
device which projects, releases or emits tear gas or other substances intended
to produce temporary physical discomfort or temporary identification.
l.
Nothing in subsection b. of N.J.S.2C:39-5 shall be construed to prevent a law
enforcement officer who retired in good standing, including a retirement
because of a disability pursuant to section 6 of P.L.1944, c.255 (C.43:16A-6),
section 7 of P.L.1944, c.255 (C.43:16A-7), section 1 of P.L.1989, c.103
(C.43:16A-6.1) or any substantially similar statute governing the disability
retirement of federal law enforcement officers, provided the officer was a
regularly employed, full-time law enforcement officer for an aggregate of four
or more years prior to his disability retirement and further provided that the
disability which constituted the basis for the officer's retirement did not
involve a certification that the officer was mentally incapacitated for the
performance of his usual law enforcement duties and any other available duty in
the department which his employer was willing to assign to him or does not
subject that retired officer to any of the disabilities set forth in subsection
c. of N.J.S.2C:58-3 which would disqualify the retired officer from possessing
or carrying a firearm, who semi-annually qualifies in the use of the handgun he
is permitted to carry in accordance with the requirements and procedures
established by the Attorney General pursuant to subsection j. of this section
and pays the actual costs associated with those semi-annual qualifications, who
is 75 years of age or younger, and who was regularly employed as a full-time
member of the State Police; a full-time member of an interstate police force; a
full-time member of a county or municipal police department in this State; a
full-time member of a State law enforcement agency; a full-time sheriff,
undersheriff or sheriff's officer of a county of this State; a full-time State
or county corrections officer; a full-time county park police officer; a
full-time county prosecutor's detective or investigator; a full-time federal
law enforcement officer; or is a qualified retired law enforcement officer, as
used in the federal "Law Enforcement Officers Safety Act of 2004," Pub.L. 108-277, domiciled in this State from carrying a
handgun in the same manner as law enforcement officers exempted under paragraph
(7) of subsection a. of this section under the conditions provided herein:
(1) The retired law
enforcement officer shall make application in writing to the Superintendent of
State Police for approval to carry a handgun for one year. An application
for annual renewal shall be submitted in the same manner.
(2) Upon receipt of
the written application of the retired law enforcement officer, the
superintendent shall request a verification of service from the chief law
enforcement officer of the organization in which the retired officer was last
regularly employed as a full-time law enforcement officer prior to
retiring. The verification of service shall include:
(a) The name and
address of the retired officer;
(b) The date that the
retired officer was hired and the date that the officer retired;
(c) A list of all
handguns known to be registered to that officer;
(d) A statement that,
to the reasonable knowledge of the chief law enforcement officer, the retired
officer is not subject to any of the restrictions set forth in subsection c. of
N.J.S.2C:58-3; and
(e) A statement that
the officer retired in good standing.
(3) If the
superintendent approves a retired officer's application or reapplication to
carry a handgun pursuant to the provisions of this subsection, the
superintendent shall notify in writing the chief law enforcement officer of the
municipality wherein that retired officer resides. In the event the
retired officer resides in a municipality which has no chief law enforcement
officer or law enforcement agency, the superintendent shall maintain a record
of the approval.
(4) The
superintendent shall issue to an approved retired officer an identification
card permitting the retired officer to carry a handgun pursuant to this
subsection. This identification card shall be valid for one year from the
date of issuance and shall be valid throughout the State. The
identification card shall not be transferable to any other person. The
identification card shall be carried at all times on
the person of the retired officer while the retired officer is carrying a
handgun. The retired officer shall produce the identification card for
review on the demand of any law enforcement officer or authority.
(5) Any person
aggrieved by the denial of the superintendent of approval for a permit to carry
a handgun pursuant to this subsection may request a hearing in the Superior
Court of New Jersey in the county in which he resides by filing a written
request for such a hearing within 30 days of the denial. Copies of the
request shall be served upon the superintendent and the county
prosecutor. The hearing shall be held within 30 days of the filing of the
request, and no formal pleading or filing fee shall be required. Appeals
from the determination of such a hearing shall be in accordance with law and
the rules governing the courts of this State.
(6) A judge of the
Superior Court may revoke a retired officer's privilege to carry a handgun
pursuant to this subsection for good cause shown on the application of any
interested person. A person who becomes subject to any of the
disabilities set forth in subsection c. of N.J.S.2C:58-3 shall surrender, as
prescribed by the superintendent, his identification card issued under
paragraph (4) of this subsection to the chief law enforcement officer of the
municipality wherein he resides or the superintendent, and shall be permanently
disqualified to carry a handgun under this subsection.
(7) The
superintendent may charge a reasonable application fee to retired officers to
offset any costs associated with administering the application process set
forth in this subsection.
m. Nothing in
subsection d. of N.J.S.2C:39-5 shall be construed to prevent duly authorized
personnel of the New Jersey Division of Fish and Wildlife, while in the actual
performance of duties, from possessing, transporting or using any device that
projects, releases or emits any substance specified as being non-injurious to
wildlife by the Director of the Division of Animal Health in the Department of
Agriculture, and which may immobilize wildlife and produces only temporary
physical discomfort through being vaporized or otherwise dispensed in the air
for the purpose of repelling bear or other animal attacks or for the aversive
conditioning of wildlife.
n. Nothing in
subsection b., c., d. or e. of N.J.S.2C:39-5 shall be
construed to prevent duly authorized personnel of the New Jersey Division of
Fish and Wildlife, while in the actual performance of duties, from possessing,
transporting or using hand held pistol-like devices, rifles or shotguns that
launch pyrotechnic missiles for the sole purpose of frightening, hazing or
aversive conditioning of nuisance or depredating wildlife; from possessing,
transporting or using rifles, pistols or similar devices for the sole purpose
of chemically immobilizing wild or non-domestic animals; or, provided the duly
authorized person complies with the requirements of subsection j. of this
section, from possessing, transporting or using rifles or shotguns, upon
completion of a Police Training Commission approved training course, in order
to dispatch injured or dangerous animals or for non-lethal use for the purpose
of frightening, hazing or aversive conditioning of nuisance or depredating
wildlife.
(cf: P.L.2013, c.219, s.1)]1
13. N.J.S.2C:39-6 is amended to read as follows:
2C:39-6. a. Provided a person complies with the requirements of
subsection j. of this section, N.J.S.2C:39-5 does not apply to:
(1) Members of the Armed Forces of the United States or of the National
Guard while actually on duty, or while traveling
between places of duty and carrying authorized weapons in the manner prescribed
by the appropriate military authorities;
(2) Federal law enforcement officers, and any other federal officers and
employees required to carry firearms in the performance of their official
duties;
(3) Members of the State Police and, under conditions prescribed by the
superintendent, members of the Marine Law Enforcement Bureau of the Division of
State Police;
(4) A sheriff, undersheriff, sheriff's officer, county prosecutor,
assistant prosecutor, prosecutor's detective or investigator, deputy attorney
general or State investigator employed by the Division of Criminal Justice of
the Department of Law and Public Safety, investigator employed by the State
Commission of Investigation, inspector of the Alcoholic Beverage Control
Enforcement Bureau of the Division of State Police in the Department of Law and
Public Safety authorized to carry weapons by the Superintendent of State
Police, State park police officer, or State conservation officer;
(5) Except as hereinafter provided, a State correctional police
officer, or a prison or jail warden of any penal institution in this State
or his deputies, or an employee of the Department of Corrections engaged in the
interstate transportation of convicted offenders, while in the performance of
his duties, and when required to possess the weapon by his superior officer, or
a corrections officer or keeper of a penal institution in this State at all
times while in the State of New Jersey, provided he annually passes an
examination approved by the superintendent testing his proficiency in the
handling of firearms;
(6) A civilian employee of the United States Government under the
supervision of the commanding officer of any post, camp, station, base or other
military or naval installation located in this State who is required, in the
performance of his official duties, to carry firearms, and who is authorized to
carry firearms by the commanding officer, while in the actual performance of
his official duties;
(7) (a) A regularly employed member, including a detective, of the police
department of any county or municipality, or of any State, interstate,
municipal or county park police force or boulevard police force, at all times while in the State of New Jersey;
(b) A special law enforcement officer authorized to carry a weapon as
provided in subsection b. of section 7 of P.L.1985, c.439 (C.40A:14-146.14);
(c) An airport security officer or a special law enforcement officer
appointed by the governing body of any county or municipality, except as
provided in subsection (b) of this section, or by the commission, board or other
body having control of a county park or airport or boulevard police force,
while engaged in the actual performance of his official duties and when
specifically authorized by the governing body to carry weapons;
(8) A full-time, paid member of a paid or part-paid fire department or
force of any municipality who is assigned full-time or part-time to an arson
investigation unit created pursuant to section 1 of P.L.1981, c.409
(C.40A:14-7.1) or to the county arson investigation unit in the county
prosecutor's office, while either engaged in the actual performance of arson
investigation duties or while actually on call to perform arson investigation
duties and when specifically authorized by the governing body or the county
prosecutor, as the case may be, to carry weapons. Prior to being permitted to
carry a firearm, a member shall take and successfully complete a firearms
training course administered by the Police Training Commission pursuant to
P.L.1961, c.56 (C.52:17B-66 et seq.), and shall annually qualify in the use of
a revolver or similar weapon prior to being permitted to carry a firearm;
(9) A juvenile corrections officer in the employment of the Juvenile
Justice Commission established pursuant to section 2 of P.L.1995, c.284
(C.52:17B-170) subject to the regulations promulgated by the commission;
(10) A designated employee or designated licensed agent for a nuclear power
plant under license of the Nuclear Regulatory Commission, while in the actual
performance of his official duties, if the federal licensee certifies that the
designated employee or designated licensed agent is assigned to perform site
protection, guard, armed response or armed escort duties and is appropriately
trained and qualified, as prescribed by federal regulation, to perform those
duties. Any firearm utilized by an employee or agent for a nuclear power
plant pursuant to this paragraph shall be returned each day at the end of the
employee's or agent's authorized official duties to the employee's or agent's
supervisor. All firearms returned each day pursuant to this paragraph
shall be stored in locked containers located in a secure area;
(11) A county corrections officer at all times while
in the State of New Jersey, provided he annually passes an examination approved
by the superintendent testing his proficiency in the handling of firearms.
b. Subsections a., b. and c. of N.J.S.2C:39-5 do not apply to:
(1) A law enforcement officer employed by a governmental agency outside
of the State of New Jersey while actually engaged in
his official duties, provided, however, that he has first notified the
superintendent or the chief law enforcement officer of the municipality or the
prosecutor of the county in which he is engaged; or
(2) A licensed dealer in firearms and his registered employees during the course of their normal business while traveling
to and from their place of business and other places for the purpose of
demonstration, exhibition or delivery in connection with a sale, provided,
however, that the weapon is carried in the manner specified in subsection g. of
this section.
c. Provided a person complies with the requirements of subsection
j. of this section, subsections b. and c. of N.J.S.2C:39-5 do not apply to:
(1) A special agent of the Division of Taxation who has passed an examination
in an approved police training program testing proficiency in the handling of
any firearm which he may be required to carry, while in the actual performance
of his official duties and while going to or from his place of duty, or any
other police officer, while in the actual performance of his official duties;
(2) A State deputy conservation officer or a full-time employee of the
Division of Parks and Forestry having the power of arrest and authorized to
carry weapons, while in the actual performance of his official duties;
(3) (Deleted by amendment, P.L.1986, c.150.)
(4) A court attendant appointed by the sheriff of the county or by the
judge of any municipal court or other court of this State, while in the actual
performance of his official duties;
(5) A guard employed by any railway express company, banking or building
and loan or savings and loan institution of this State, while in the actual
performance of his official duties;
(6) A member of a legally recognized military organization while actually under orders or while going to or from the prescribed
place of meeting and carrying the weapons prescribed for drill, exercise or
parade;
(7) A humane law enforcement officer of the New Jersey Society for the
Prevention of Cruelty to Animals or of a county society for the prevention of
cruelty to animals, while in the actual performance of his duties;
(8) An employee of a public utilities corporation actually
engaged in the transportation of explosives;
(9) A railway policeman, except a transit police officer of the New
Jersey Transit Police Department, at all times while
in the State of New Jersey, provided that he has passed an approved police
academy training program consisting of at least 280 hours. The training
program shall include, but need not be limited to, the handling of firearms,
community relations, and juvenile relations;
(10) A campus police officer appointed under P.L.1970, c.211 (C.18A:6-4.2 et
seq.) at all times. Prior to being permitted to
carry a firearm, a campus police officer shall take and successfully complete a
firearms training course administered by the Police Training Commission,
pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), and shall annually qualify in
the use of a revolver or similar weapon prior to being permitted to carry a
firearm;
(11) (Deleted by amendment, P.L.2003, c.168).
(12) A transit police officer of the New Jersey Transit Police Department, at all times while in the State of New Jersey, provided the
officer has satisfied the training requirements of the Police Training
Commission, pursuant to subsection c. of section 2 of P.L.1989, c.291
(C.27:25-15.1);
(13) A parole officer employed by the State Parole Board at
all times. Prior to being permitted to carry a firearm, a parole
officer shall take and successfully complete a basic course for regular police
officer training administered by the Police Training Commission, pursuant to
P.L.1961, c.56 (C.52:17B-66 et seq.), and shall annually qualify in the use of
a revolver or similar weapon prior to being permitted to carry a firearm;
(14) A Human Services police officer at all times
while in the State of New Jersey, as authorized by the Commissioner of Human
Services;
(15) A person or employee of any person who, pursuant to and as required by a
contract with a governmental entity, supervises or transports persons charged
with or convicted of an offense;
(16) A housing authority police officer appointed under P.L.1997, c.210
(C.40A:14-146.19 et al.) at all times while in the
State of New Jersey; or
(17) A probation officer assigned to the "Probation Officer Community
Safety Unit" created by section 2 of P.L.2001, c.362 (C.2B:10A-2) while in
the actual performance of the probation officer's official duties. Prior
to being permitted to carry a firearm, a probation officer shall take and
successfully complete a basic course for regular police officer training
administered by the Police Training Commission, pursuant to P.L.1961, c.56
(C.52:17B-66 et seq.), and shall annually qualify in the use of a revolver or
similar weapon prior to being permitted to carry a firearm.
d. (1) Subsections c. and d. of N.J.S.2C:39-5 do not apply to
antique firearms, provided that the antique firearms are unloaded or are being
fired for the purposes of exhibition or demonstration at an authorized target
range or in another manner approved in writing by the chief law enforcement
officer of the municipality in which the exhibition or demonstration is held,
or if not held on property under the control of a particular
municipality, the superintendent.
(2) Subsection a. of N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not
apply to an antique cannon that is capable of being fired but that is unloaded
and immobile, provided that the antique cannon is possessed by (a) a scholastic
institution, a museum, a municipality, a county or the State, or (b) a person
who obtained a firearms purchaser identification card as specified in
N.J.S.2C:58-3.
(3) Subsection a. of N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not
apply to an unloaded antique cannon that is being transported by one eligible
to possess it, in compliance with regulations the superintendent may
promulgate, between its permanent location and place of purchase or repair.
(4) Subsection a. of N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not
apply to antique cannons that are being loaded or fired by one eligible to
possess an antique cannon, for purposes of exhibition or demonstration at an
authorized target range or in the manner as has been approved in writing by the
chief law enforcement officer of the municipality in which the exhibition or
demonstration is held, or if not held on property under the control of a
particular municipality, the superintendent, provided that performer has given
at least 30 days' notice to the superintendent.
(5) Subsection a. of N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not
apply to the transportation of unloaded antique cannons directly to or from
exhibitions or demonstrations authorized under paragraph (4) of subsection d.
of this section, provided that the transportation is in
compliance with safety regulations the superintendent may
promulgate. Those subsections shall not apply to transportation directly
to or from exhibitions or demonstrations authorized under the law of another
jurisdiction, provided that the superintendent has been given 30 days' notice
and that the transportation is in compliance with
safety regulations the superintendent may promulgate.
e. Nothing in subsections b., c., and d. of N.J.S.2C:39-5 shall be
construed to prevent a person keeping or carrying about his place of business,
residence, premises or other land owned or possessed by him, any firearm, or
from carrying the same, in the manner specified in subsection g. of this
section, from any place of purchase to his residence or place of business,
between his dwelling and his place of business, between one place of business
or residence and another when moving, or between his dwelling or place of
business and place where the firearms are repaired, for the purpose of
repair. For the purposes of this section, a place of business shall be
deemed to be a fixed location.
f. Nothing in subsections b., c., and d. of N.J.S.2C:39-5
shall be construed to prevent:
(1) A member of any rifle or pistol club organized in accordance with the
rules prescribed by the National Board for the Promotion of Rifle Practice, in
going to or from a place of target practice, carrying firearms necessary for
target practice, provided that the club has filed a copy of its charter with
the superintendent and annually submits a list of its members to the
superintendent and provided further that the firearms are carried in the manner
specified in subsection g. of this section;
(2) A person carrying a firearm or knife in the woods or fields or upon
the waters of this State for the purpose of hunting,
target practice or fishing, provided that the firearm or knife is legal and
appropriate for hunting or fishing purposes in this State and he has in his
possession a valid hunting license, or, with respect to fresh water fishing, a
valid fishing license;
(3) A person transporting any firearm or knife while traveling:
(a) Directly to or from any place for the purpose of
hunting or fishing, provided the person has in his possession a valid hunting
or fishing license; or
(b) Directly to or from any target range, or other authorized place for the purpose of practice, match, target, trap or skeet
shooting exhibitions, provided in all cases that during the course of the
travel all firearms are carried in the manner specified in subsection g. of
this section and the person has complied with all the provisions and requirements
of Title 23 of the Revised Statutes and any amendments thereto and all rules
and regulations promulgated thereunder; or
(c) In the case of a firearm, directly to or from any exhibition or
display of firearms which is sponsored by any law enforcement agency, any rifle
or pistol club, or any firearms collectors club, for the purpose of displaying
the firearms to the public or to the members of the organization or club,
provided, however, that not less than 30 days prior to the exhibition or display,
notice of the exhibition or display shall be given to the Superintendent of the
State Police by the sponsoring organization or club, and the sponsor has
complied with any reasonable safety regulations the superintendent may
promulgate. Any firearms transported pursuant to this section shall be
transported in the manner specified in subsection g. of this section;
(4) A person from keeping or carrying about a private or commercial
aircraft or any boat, or from transporting to or from the aircraft or boat for the purpose of installation or repair of a visual
distress signaling device approved by the United States Coast Guard.
g. Any weapon being transported under paragraph (2) of subsection
b., subsection e., or paragraph (1) or (3) of subsection f. of this section
shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of
the automobile in which it is being transported, and in the
course of travel shall include only deviations as are reasonably
necessary under the circumstances.
h. Nothing in subsection d. of N.J.S.2C:39-5 shall be construed to
prevent any employee of a public utility, as defined in R.S.48:2-13, doing
business in this State or any United States Postal Service employee, while in
the actual performance of duties which specifically require regular and
frequent visits to private premises, from possessing, carrying or using any
device which projects, releases or emits any substance specified as being noninjurious to canines or other animals by the
Commissioner of Health and which immobilizes only on a temporary basis and
produces only temporary physical discomfort through being vaporized or
otherwise dispensed in the air for the sole purpose of repelling canine or
other animal attacks.
The device shall be used solely to repel only those canine or other animal
attacks when the canines or other animals are not restrained in a fashion
sufficient to allow the employee to properly perform his duties.
Any device used pursuant to this act shall be selected from a list of products,
which consist of active and inert ingredients, permitted by the Commissioner of
Health.
i. (1) Nothing in N.J.S.2C:39-5 shall be construed to
prevent any person who is 18 years of age or older and who has not been
convicted of a crime, from possession for the purpose of personal self-defense
of one pocket-sized device which contains and releases not more than
three-quarters of an ounce of chemical substance not ordinarily capable of
lethal use or of inflicting serious bodily injury, but rather, is intended to
produce temporary physical discomfort or disability through being vaporized or
otherwise dispensed in the air. Any person in possession of any device in
violation of this subsection shall be deemed and adjudged to be a disorderly
person, and upon conviction thereof, shall be punished by a fine of not less
than $100.
(2) Notwithstanding the provisions of paragraph (1) of this subsection,
nothing in N.J.S.2C:39-5 shall be construed to prevent a health inspector or
investigator operating pursuant to the provisions of section 7 of P.L.1977,
c.443 (C.26:3A2-25) or a building inspector from possessing a device which is
capable of releasing more than three-quarters of an ounce of a chemical
substance, as described in paragraph (1), while in the actual performance of
the inspector's or investigator's duties, provided that the device does not
exceed the size of those used by law enforcement.
j. A person shall qualify for an exemption from the
provisions of N.J.S.2C:39-5, as specified under subsections a. and c. of this
section, if the person has satisfactorily completed a firearms training course
approved by the Police Training Commission.
The exempt person shall not possess or carry a firearm until the person
has satisfactorily completed a firearms training course and shall annually
qualify in the use of a revolver or similar weapon. For purposes of this
subsection, a "firearms training course" means a course of
instruction in the safe use, maintenance and storage of firearms which is
approved by the Police Training Commission. The commission shall approve
a firearms training course if the requirements of the course are substantially
equivalent to the requirements for firearms training provided by police
training courses which are certified under section 6 of P.L.1961, c.56
(C.52:17B-71). A person who is specified in paragraph (1), (2), (3), or (6) of
subsection a. of this section shall be exempt from the requirements of this
subsection.
k. Nothing in subsection d. of N.J.S.2C:39-5 shall be construed to
prevent any financial institution, or any duly authorized personnel of the
institution, from possessing, carrying or using for the protection of money or
property, any device which projects, releases or emits tear gas or other
substances intended to produce temporary physical discomfort or temporary
identification.
l. Nothing in subsection b. of N.J.S.2C:39-5 shall be
construed to prevent a law enforcement officer who retired in good standing,
including a retirement because of a disability pursuant to section 6 of
P.L.1944, c.255 (C.43:16A-6), section 7 of P.L.1944, c.255 (C.43:16A-7),
section 1 of P.L.1989, c.103 (C.43:16A-6.1), or any substantially similar
statute governing the disability retirement of federal law enforcement
officers, provided the officer was a regularly employed, full-time law
enforcement officer for an aggregate of four or more years prior to his
disability retirement and further provided that the disability which
constituted the basis for the officer's retirement did not involve a
certification that the officer was mentally incapacitated for the performance
of his usual law enforcement duties and any other available duty in the
department which his employer was willing to assign to him or does not subject
that retired officer to any of the disabilities set forth in subsection c. of
N.J.S.2C:58-3 which would disqualify the retired officer from possessing or
carrying a firearm, who semi-annually qualifies in the use of the handgun he is
permitted to carry in accordance with the requirements and procedures
established by the Attorney General pursuant to subsection j. of this section
and pays the actual costs associated with those semi-annual qualifications, who
is 75 years of age or younger, and who was regularly employed as a full-time
member of the State Police; a full-time member of an interstate police force; a
full-time member of a county or municipal police department in this State; a
full-time member of a State law enforcement agency; a full-time sheriff,
undersheriff or sheriff's officer of a county of this State; a full-time State correctional
police officer or county corrections officer; a full-time State or county
park police officer; a full-time special agent of the Division of Taxation; a
full-time Human Services police officer; a full-time transit police officer of
the New Jersey Transit Police Department; a full-time campus police officer
exempted pursuant to paragraph (10) of subsection c. of this section; a
full-time State conservation officer exempted pursuant to paragraph (4) of
subsection a. of this section; a full-time Palisades Interstate Park officer
appointed pursuant to R.S.32:14-21; a full-time Burlington County Bridge police
officer appointed pursuant to section 1 of P.L.1960, c.168 (C.27:19-36.3); a
full-time housing authority police officer exempted pursuant to paragraph (16)
of subsection c. of this section; a full-time juvenile corrections officer exempted
pursuant to paragraph (9) of subsection a. of this section; a full-time parole
officer exempted pursuant to paragraph (13) of subsection c. of this section; a
full-time railway policeman exempted pursuant to paragraph (9) of subsection c.
of this section; a full-time county prosecutor's detective or investigator; a
full-time federal law enforcement officer; or is a qualified retired law
enforcement officer, as used in the federal "Law Enforcement Officers
Safety Act of 2004," Pub.L. 108-277, domiciled in
this State from carrying a handgun in the same manner as law enforcement
officers exempted under paragraph (7) of subsection a. of this section under
the conditions provided herein:
(1) The retired law enforcement officer shall make application in writing
to the Superintendent of State Police for approval to carry a handgun for one
year. An application for annual renewal shall be submitted in the same
manner.
(2) Upon receipt of the written application of the retired law
enforcement officer, the superintendent shall request a verification of service
from the chief law enforcement officer of the organization in which the retired
officer was last regularly employed as a full-time law enforcement officer
prior to retiring. The verification of service shall include:
(a) The name and address of the retired officer;
(b) The date that the retired officer was hired and the date that the
officer retired;
(c) A list of all handguns known to be registered to that officer;
(d) A statement that, to the reasonable knowledge of the chief law enforcement
officer, the retired officer is not subject to any of the restrictions set
forth in subsection c. of N.J.S.2C:58-3; and
(e) A statement that the officer retired in good standing.
(3) If the superintendent approves a retired officer's application or
reapplication to carry a handgun pursuant to the provisions of this subsection,
the superintendent shall notify in writing the chief law enforcement officer of
the municipality wherein that retired officer resides. In the event the
retired officer resides in a municipality which has no chief law enforcement
officer or law enforcement agency, the superintendent shall maintain a record
of the approval.
(4) The superintendent shall issue to an approved retired officer an
identification card permitting the retired officer to carry a handgun pursuant
to this subsection. This identification card shall be valid for one year
from the date of issuance and shall be valid throughout the State. The
identification card shall not be transferable to any other person. The
identification card shall be carried at all times on
the person of the retired officer while the retired officer is carrying a
handgun. The retired officer shall produce the identification card for
review on the demand of any law enforcement officer or authority.
(5) Any person aggrieved by the denial of the superintendent of approval
for a permit to carry a handgun pursuant to this subsection may request a
hearing in the Superior Court of New Jersey in the county in which he resides
by filing a written request for a hearing within 30 days of the denial.
Copies of the request shall be served upon the superintendent and the county
prosecutor. The hearing shall be held within 30 days of the filing of the
request, and no formal pleading or filing fee shall be required. Appeals
from the determination of the hearing shall be in accordance with law and the
rules governing the courts of this State.
(6) A judge of the Superior Court may revoke a retired officer's
privilege to carry a handgun pursuant to this subsection for good cause shown
on the application of any interested person. A person who becomes subject
to any of the disabilities set forth in subsection c. of N.J.S.2C:58-3 shall
surrender, as prescribed by the superintendent, his identification card issued
under paragraph (4) of this subsection to the chief law enforcement officer of
the municipality wherein he resides or the superintendent, and shall be
permanently disqualified to carry a handgun under this subsection.
(7) The superintendent may charge a reasonable application fee to retired
officers to offset any costs associated with administering the application
process set forth in this subsection.
m. Nothing in subsection d. of N.J.S.2C:39-5 shall be construed to
prevent duly authorized personnel of the New Jersey Division of Fish and
Wildlife, while in the actual performance of duties, from possessing,
transporting or using any device that projects, releases or emits any substance
specified as being non-injurious to wildlife by the Director of the Division of
Animal Health in the Department of Agriculture, and which may immobilize
wildlife and produces only temporary physical discomfort through being
vaporized or otherwise dispensed in the air for the purpose of repelling bear
or other animal attacks or for the aversive conditioning of wildlife.
n. Nothing in subsection b., c., d. or e.
of N.J.S.2C:39-5 shall be construed to prevent duly authorized personnel of the
New Jersey Division of Fish and Wildlife, while in the actual performance of
duties, from possessing, transporting or using hand held pistol-like devices,
rifles or shotguns that launch pyrotechnic missiles for the sole purpose of
frightening, hazing or aversive conditioning of nuisance or depredating
wildlife; from possessing, transporting or using rifles, pistols or similar
devices for the sole purpose of chemically immobilizing wild or non-domestic
animals; or, provided the duly authorized person complies with the requirements
of subsection j. of this section, from possessing, transporting or using rifles
or shotguns, upon completion of a Police Training Commission approved training
course, in order to dispatch injured or dangerous animals or for non-lethal use
for the purpose of frightening, hazing or aversive conditioning of nuisance or
depredating wildlife.1
(cf: P.L.2017, c.110, s.1)
4. This act
shall take effect on the first day of the fourth month following enactment.