N.J. Admin. Code § 10A:72-4.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10A:72-4.3 - On-duty firearm

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

(b) The parole officer 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. During training exercises, range practice, qualification or requalification with the firearm; or

4. When circumstances create a reasonable belief that it may be necessary to use the firearm in the performance of the parole officer's duties.

(c) A parole officer 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 parole officer must remove his or her on-duty firearm and another authorized Division of Parole staff member is unavailable to take custody of the firearm. Under an unusual or special circumstance every effort shall be made to secrete the firearm within the locked trunk or other locked compartment of the parole officer's motor vehicle.

(d) When off-duty, the parole officer shall be authorized to carry his or her on-duty firearm, baton and chemical agent to and from work.

(e) The parole officer may elect to carry his or her on-duty firearm as his or her sole authorized off-duty firearm.

(f) The parole officer 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.

(g) The parole officer entering any county correctional facility shall store his or her firearm in the designated area at the county correctional facility or at an approved Board authorized weapons storage unit.

(h) When an authorized firearm is believed to have been lost or stolen, the parole officer shall report this fact to the local law enforcement authorities and to the Director, Division of Parole, his or her designee or the designee of the Chairperson within three hours from the time the parole officer is aware that the firearm is missing.

(i) When an official State issued photo identification card or badge is believed to have been lost or stolen, the parole officer shall notify the local law enforcement authorities and the Director, Division of Parole, his or her designee or the designee of the Chairperson within 24 hours from the time the parole officer is aware that the State issued official photo identification card or badge is missing.

(j) The authorized on-duty firearm shall not be utilized by a parole officer in the performance of any secondary employment.

N.J. Admin. Code § 10A:72-4.3

Amended by R.2004 d.446, effective 12/6/2004.
See: 36 N.J.R. 2136(a), 36 N.J.R. 5359(a).
Rewrote the section.
Amended by R.2011 d.291, effective 12/5/2011.
See: 43 N.J.R. 1408(a), 43 N.J.R. 3184(a).
In (b)3, substituted "During" for "When commanded by the firearms staff during".