Read the full stored bill text
A1888
ASSEMBLY, No. 1888
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman CLEOPATRA G. TUCKER
District 28 (Essex and Union)
Co-Sponsored by:
Assemblyman Auth
SYNOPSIS
���� Permits certain special law enforcement officers to
carry firearms at all times when in State.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning certain special law enforcement
officers and amending P.L.1985, c.439.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 7 of P.L.1985,
c.439 (C.40A:14-146.14) is amended to read as follows:
���� 7.��� a.� Special law
enforcement officers may be appointed for terms not to exceed one year, and the
appointments may be revoked by the local unit for cause after adequate hearing,
unless the appointment is for four months or less, in which event the appointment
may be revoked without cause or hearing.� Nothing herein shall be construed to
require reappointment upon the expiration of the term.� The special law
enforcement officers so appointed shall not be members of the police force of
the local unit, and their powers and duties as determined pursuant to this act
shall cease at the expiration of the term for which appointed.
���� b.��� No special law
enforcement officer may carry a firearm except while engaged in the actual
performance of the officer's official duties and when specifically authorized
by the chief of police, or, in the absence of the chief, other chief law
enforcement officer of the local unit to carry a firearm and provided that the
officer has satisfactorily completed the basic firearms course required by the
commission for regular police officers and annual requalification examinations
as required for permanent, regularly appointed full-time officers in the local
unit.
���� A special law enforcement
officer shall be deemed to be on duty only while he is performing the public
safety functions on behalf of the local unit pursuant to this act and when he
is receiving compensation, if any, from the local unit at the rates or stipends
as shall be established by ordinance.� A special law enforcement officer shall
not be deemed to be on duty for purposes of this act while performing private
security duties for private employers, which duties are not assigned by the
chief of police, or, in the absence of the chief, other chief law enforcement
officer of the local unit, or while receiving compensation for those duties
from a private employer.� A special law enforcement officer may, however, be
assigned by the chief of police or, in the absence of the chief, other chief
law enforcement officer, to perform public safety functions for a private
entity if the chief of police or other chief law enforcement officer supervises
the performance of the public safety functions.� If the chief of police or
other chief law enforcement officer assigns the public safety duties and
supervises the performance of those duties, then, notwithstanding that the
local unit is reimbursed for the cost of assigning a special law enforcement
officer at a private entity, the special law enforcement officer shall be
deemed to be on duty.
���� The reimbursement for the
duties of a special law enforcement officer, which is made to a municipality
with a population in excess of 300,000, according to the 1980 federal decennial
census, may be by direct payments from the employer to the special law enforcement
officer, provided that records of the hours worked are forwarded to and
maintained by the chief of police or other chief law enforcement officer
responsible for assigning the special law enforcement officer those public
safety duties.
���� Any firearm utilized by a
special law enforcement officer shall be returned at the end of the officer's
workday to the officer in charge of the station house, unless the firearm is
owned by the special law enforcement officer and was acquired in compliance
with a condition of employment established by the local unit.� Any special law
enforcement officer first appointed after the effective date of this act shall
only use a firearm supplied by the local unit. No such special police officer
shall carry a revolver or other similar weapon when off duty; but if any such
special police officer appointed by the governing body of any municipality
having a population in excess of 300,000, according to the 1980 federal census,
who
[
is a resident of the municipality and
]
is employed as a special police officer at least 35
hours per week, or less at the discretion of the chief of police and mayor,
shall, at the direction of the chief of police, have taken and successfully
completed a firearms training course administered by the Police Training
Commission, pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), and has
successfully completed within three years of the effective date of P.L.1985,
c.45 or three years of the date of appointment of the special police officer,
whichever is later, 280 hours of training in arrest, search and seizure,
criminal law, and the use of deadly force, and shall annually qualify in the
use of a revolver or similar weapon, said special police officer shall be
permitted to carry a revolver or other similar weapon when off duty
[
within the municipality where he is employed
]
at all times while in the State
. Specific
authorization shall be in the form of a permit which shall not be unreasonably
withheld, which is subject to renewal annually and may be revoked at any time
by the chief of police.� The permit shall be on the person of the special
police officer whenever a revolver or other similar weapon is carried off
duty.� No permit shall be issued until the special police officer has
successfully completed all training courses required under this section.� Any
training courses completed by a special police officer under the direction of
the chief of police in a school and a curriculum approved by the Police
Training Commission, pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), shall be
credited towards the 280 hours of training required to be completed by this
section.� Any training required by this section shall commence within 90 days
of the effective date of P.L.1985, c.45 or within 90 days of the date of the
appointment of the special police officer, whichever is later.
���� c.���� A special law
enforcement officer shall be under the supervision and direction of the chief
of police or, in the absence of the chief, other chief law enforcement officer
of the local unit wherein the officer is appointed, and shall perform his
duties only in the local unit except when in fresh pursuit of any person
pursuant to chapter 156 of Title 2A of the New Jersey Statutes or when
authorized to perform duties in another unit pursuant to a mutual aid agreement
enacted in accordance with section 1 of P.L.1976, c.45 (C.40A:14-156.1).
���� d.��� The officer shall comply
with the rules and regulations applicable to the conduct and decorum of the
permanent, regularly appointed police officers of the local unit, as well as
any rules and regulations applicable to the conduct and decorum of special law
enforcement officers.
���� e.���� Notwithstanding any
provision of P.L.1985, c.439 (C.40A:14-146.8 et seq.) to the contrary, a
special law enforcement officer may travel through another local unit to reach
a noncontiguous area of the local unit in which his appointment was issued or
to transport persons to and from a correctional facility.
(cf: P.L.1991, c.46, s.1)
���� 2.��� This act shall take
effect on the first day of the third month following enactment.
STATEMENT
���� This bill would permit certain
Class Two special law enforcement officers to carry a firearm at all times
while in the State.
���� With one exception, all Class
Two special law enforcement officers are required to turn in their firearms to
the officer in charge of their station at the end of each workday when they go
off duty.
���� The one exception applies to
Class Two special law enforcement officers who are appointed by the governing
body of a municipality having a population in excess of 300,000, according to
the 1980 Federal decennial census, and who are residents of that municipality.�
Current law permits those officers to carry their firearm when they are off
duty within that municipality, provided they have successfully completed all
the statutorily required training courses.
���� This bill would authorize all
Class Two special law enforcement officers appointed by that municipality who
have successfully competed the statutorily required training programs to carry
their firearms at all times when in the State.��