N.J. Admin. Code § 10A:31-8.26

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10A:31-8.26 - 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 in one of the following circumstances:

1. For maintenance of the firearm;

2. To secure the firearm;

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

4. When circumstances result in 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 result in 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 and conceal the firearm within a locked compartment.

(d) The custody staff member entering any adult county correctional facility shall store his or her firearm at the main correctional facility in accordance with internal management procedures or at an authorized weapons storage unit approved by the adult county correctional facility Administrator.

(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 where the firearm is known or believed to be lost or stolen and to the Administrator or designee as soon as possible, but no later than three hours from the time the custody staff member is aware that the firearm is missing.

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

N.J. Admin. Code § 10A:31-8.26

New Rule, R.2006 d.59, effective 2/6/2006.
See: 37 N.J.R. 3201(a), 38 N.J.R. 995(a).
Amended by R.2011 d.059, effective 2/22/2011.
See: 42 N.J.R. 2692(a), 43 N.J.R. 427(a).
In (f), substituted "State of New Jersey Firearms Unit Weapons Card" for "weapons qualification card".