N.J. Admin. Code § 13:97-3.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:97-3.3 - On-duty firearm

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

1. Only shoulder and waist holsters shall be used for on-duty firearms. A holster must hold the firearm firmly when inverted and have no internal clips.

2. The waist holster is the only holster approved for use while qualifying with the on-duty firearm.

3. Personnel who elect to use a shoulder holster for on-duty use shall demonstrate proficiency in the use of that holster during firearms requalification but need not qualify while using the holster.

(b) The investigator 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, or by a supervisor for purposes of inspection;

4. When circumstances create a reasonable belief that it may be necessary to use the firearm in the performance of the investigator'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 personal safety.

(c) An investigator, if required to carry a firearm while on-duty, shall carry his or her on-duty firearm, together with Commission approved chemical or natural agent spray, on his or her person at all times unless otherwise instructed by a superior. The firearm shall:

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

2. Not be left in a motor vehicle except when necessary, such as when an investigator must remove his or her on-duty firearm and another authorized staff member is unavailable to take custody of the firearm. When necessary, a firearm may be stored in a Commission approved vehicle lock box.

(d) The investigator entering any facility of the Commission shall either temporarily transfer custody of his or her firearm to an authorized staff member, store his or her firearm at the main secure facility or at a Commission authorized weapons storage unit or secure it in a Commission approved vehicle lock box.

1. Investigators are prohibited from carrying a firearm into any Commission facility beyond any posted weapons prohibited area, and into any area routinely dedicated for use by juveniles, including, but not limited to, areas for sleeping, living, eating, recreation, training, and education.

(e) When an authorized firearm or ammunition is believed to have been lost or stolen, or is otherwise missing, the investigator shall immediately report this fact to the local law enforcement authorities and to the Director of Operations.

(f) When a State of New Jersey, Firearms Unit Weapons Card, official photo identification card or badge of the Commission believed to have been lost or stolen, or is otherwise missing, the investigator shall notify the local law enforcement authorities and the Director of Investigations or designee as soon as possible.

(g) Pursuant to N.J.S.A. 2C:58-15, an investigator who knows or reasonably should know that a minor or unauthorized adult is likely to gain access to a loaded firearm at a premises under the investigator's control shall:

1. Store the firearm in a securely locked box or container; and

2. Secure the firearm with a Commission approved trigger locking device.

N.J. Admin. Code § 13:97-3.3

Amended by R.2011 d.093, effective 3/21/2011.
See: 42 N.J.R. 2594(a), 43 N.J.R. 737(a).
In the introductory paragraph of (d), substituted "secure" for "secrete".