N.J. Admin. Code § 10A:3-4.3

Current through Register Vol. 56, No. 12, June 17, 2024

Section 10A:3-4.3 - On-duty firearm

(a) The authorized on-duty firearm shall be the responsibility of the custody staff member at all times.

(b) The custody staff member shall not draw or exhibit his or her firearm except for one of the following circumstances:

1. For maintenance of the firearm;

2. To secure the firearm;

3. When commanded by the firearms staff during training exercises, range practice, qualification or requalification with the firearm;

4. When circumstances create a reasonable belief that it may be necessary to use the firearm in the performance of the custody staff member's duties; or

5. When circumstances create a reasonable belief that display of a firearm as an element of constructive authority will help establish or maintain control in a potentially dangerous situation in an effort to discourage resistance and ensure custody staff safety.

(c) A custody staff member, if required to carry a firearm while on-duty, shall carry his or her on-duty firearm on his or her person at all times unless otherwise instructed by his or her immediate supervisor. The firearm shall:

1. Remain in the holster while in a rest room; and

2. Not be left in a motor vehicle or other unauthorized location except under unusual or special circumstances, such as when a custody staff member must remove his or her on-duty firearm and another authorized staff member is unavailable to take custody of the firearm. Under an unusual or special circumstance, every effort shall be made to secure the firearm within a locked compartment.

(d) The custody staff member entering any residential or correctional facility of the Department of Corrections shall store his or her firearm at the main correctional facility or at an approved Department of Corrections authorized weapons storage unit.

(e) When an authorized firearm is believed to have been lost or stolen, the custody staff member shall report this fact to the local law enforcement authorities and to the New Jersey Department of Corrections within three hours from the time the custody staff member is aware that the firearm is missing.

(f) When a State of New Jersey, Firearms Unit Weapons Card, official photo identification card, or badge of the New Jersey Department of Corrections is believed to have been lost or stolen, the custody staff member shall notify the local law enforcement authorities and a Correction Major, Unit Chief, or their designee as soon as practicable.

N.J. Admin. Code § 10A:3-4.3

Amended by 47 N.J.R. 649(b), effective 3/16/2015.