Grants full police status to special agents in Department of Treasury; authorizes special agents to carry firearms at all times.

A1825

ASSEMBLY, No. 1825

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman ANTHONY S. VERRELLI

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Grants full police status to special agents in
Department of Treasury; authorizes special agents to carry firearms at all
times.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning the powers of special agents of the
Department of the Treasury and amending P.L.1968, c.427, P.L.1948, c.65, and
N.J.S.2C:39-6.

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

����
1.��� Section
1 of P.L.1968, c.427 (C.2A:154-4) is amended to read as follows:

���� 1.��� All
correctional police officers of the State of New Jersey, parole officers employed
by the State Parole Board
[
and
]

,
investigators in the Department of Corrections,
and
special agents in the Department of the Treasury,
who have been or who may
hereafter be appointed or employed, shall, by virtue of
[
such
]

that
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.�
A special agent accorded the
powers set forth in this section shall satisfactorily complete a basic training
course approved by the Police Training Commission, as provided in P.L.1961,
c.56 (C.52:17B-66 et seq.).

���� 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.2017, c.293, s.2)

���� 2.��� Section
503 of P.L.1948, c.65 (C.54:40A-22) is amended to read as follows:

���� 503.�
The director may, subject to the provisions of Title 11 of the Revised
Statutes, as amended and supplemented, appoint a State supervisor to assist
[
him
]
in the administration of this act and
[
such
]
other assistants as
[
he
]

the director
may deem necessary, and may
establish, equip, and maintain one or more offices at
[
such
]

the
places in this State as
[
he
]

the director
shall determine.

���� The
director may appoint certain
[
of such
]
assistants as special agents to aid
[
him
]
in the enforcement of
[
this act
]

the administration of the State tax laws
.� Special
agents shall carry credentials issued by the director identifying them in that
capacity
[
,
]
.� Special agents appointed pursuant to this section
are declared to be peace officers
in accordance with
section 1 of P.L.1968, c.427 (C.2A:154-4)
and are empowered to arrest
without warrant any person who violates the provisions of this act
or any other
State tax law
in their presence. Special agents are empowered to seize and
take possession of any counterfeit stamps, counterfeit impression devices
[
or
]
,
cigarettes
, or
any other contraband
which are unlawfully possessed and any vehicle,
vessel, vending machine or other receptacle in which they are found which is
subject to confiscation under this act.

(cf:
P.L.1973, c.198, s.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, prosecutor's detective or
investigator, 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 police 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 the warden's
deputies, or an employee of the Department of Corrections engaged in the
interstate transportation of convicted offenders, while in the performance of
the employee's duties, and when required to possess the weapon by a superior
officer, or a correctional police officer or keeper of a penal institution in
this State at all times while in the State of New Jersey, provided the person
annually passes an examination approved by the superintendent testing the
person's 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
the employee's official duties, to carry firearms, and who is authorized to
carry firearms by the commanding officer, while in the actual performance of
the employee's 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
subparagraph (b) of this paragraph, 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 the officer's 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 correctional police 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 the person's 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 correctional police officer at all times while in the State of New
Jersey, provided the officer annually passes an examination approved by the
superintendent testing the officer's proficiency in the handling of firearms;

���� (12)
A county prosecutor, assistant prosecutor, federal prosecutor, municipal
prosecutor, Attorney General, assistant attorney general, deputy attorney
general and federal, State, county, or municipal court judge, including a judge
of the Tax Court and any other court of limited jurisdiction established,
altered, or abolished by law, a judge of the Office of Administrative Law, a
judge of the Division of Workers' Compensation at all times while in this
State.� Prior to being permitted to carry a firearm, a person subject to this
paragraph 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 handgun or
similar weapon prior to being permitted to carry a firearm.� The superintendent
may issue identification cards indicating that such a person is permitted to
carry a handgun pursuant to this paragraph.

���� 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 the officer's official duties,
provided, however, that the officer has first notified the superintendent or
the chief law enforcement officer of the municipality or the prosecutor of the
county in which the officer is engaged; or

���� (2)
A licensed dealer in firearms and the dealer's 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 the agent may be required to carry
[
, while in the actual performance of the agent's official
duties and while going to or from the agent's place of duty
]

at all
times subject to regulations promulgated by the Director of the Division of
Taxation
, or any other police officer, while in
the actual performance of the officer's official duties;

���� (2)
A State deputy conservation police 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 the officer's 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 the attendant's 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 the guard's 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 municipal humane law enforcement officer, authorized pursuant to subsection
d. of section 25 of P.L.2017, c.331 (C.4:22-14.1), or humane law enforcement
officer of a county society for the prevention of cruelty to animals authorized
pursuant to subsection c. of section 29 of P.L.2017, c.331 (C.4:22-14.5), while
in the actual performance of the officer's 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
the person 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 the person's place of business, residence,
premises or other land owned or possessed by the person, any firearm, or from
carrying the same, in the manner specified in subsection g. of this section,
from any place of purchase to the person's residence or place of business,
between the person's dwelling and place of business, between one place of
business or residence and another when moving, or between the person's 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 the person has in the person's 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 the person's 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 the employee's 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) of this subsection, 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 the officer's 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 the officer's usual law enforcement duties and any other
available duty in the department which the officer's employer was willing to
assign to the officer 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 the officer 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 correctional
police officer; a full-time State correctional police officer or county
correctional police 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
police 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 correctional police 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.� A retired law enforcement
officer shall be entitled to carry a handgun pursuant to this subsection under
the following conditions:

���� (1)
The retired law enforcement officer shall make application in writing to the
Superintendent of State Police for approval to carry a handgun every two
years.� A renewal application 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 two years 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 the person 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, the person's identification card issued under paragraph (4)
of this subsection to the chief law enforcement officer of the municipality
wherein the person 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.2022, c.131, s.8)

���� 4.��� This act shall take
effect immediately.

STATEMENT

���� This bill authorizes special
agents of the Department of the Treasury to act as officers for the detection,
apprehension, arrest, and conviction of offenders against the law and permits
them to carry a firearm at all times. The bill requires special agents to
complete a basic police training course approved by the Police Training
Commission in order to be accorded police powers.

���� Under current law, a special
agent of the department who has passed an examination in an approved police
training program may carry a firearm while in the actual performance of
official duties and while traveling to or from a place of duty. This bill allows
a special agent to carry a firearm at all times, subject to regulations set
forth by the Director of the Division of Taxation.

���� This bill also empowers
special agents to seize any contraband when enforcing the tax laws in addition
to counterfeit stamps, counterfeit impression devices, and cigarettes which
they are permitted to seize under current law.