N.J. Admin. Code § 13:95-4.3

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

Section 13:95-4.3 - 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 re-qualification 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 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, 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 or other unauthorized location except when necessary, 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. When necessary, a firearm may be stored in a Commission approved vehicle lock box.

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

1. Except when firearms are issued under the provisions of 13:95-3.4(c), custody staff members 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 is believed to have been lost or stolen, or is otherwise missing, the custody staff member shall immediately report this fact to local law enforcement authorities and to the Center Control supervisor at the secure facility to which he or she is assigned.

(f) When a State of New Jersey Firearms Unit Weapons Card, official photo identification card or badge of the Commission is believed to have been lost or stolen, or is otherwise missing, the custody staff member shall notify the local law enforcement authorities and the Director of Custody Operations or his or her designee as soon as practicable.

(g) Pursuant to 2C:58-15, a custody staff member 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 custody staff member's control shall:

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

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

N.J. Admin. Code § 13:95-4.3

Amended by R.2011 d.202, effective 8/1/2011.
See: 43 N.J.R. 158(a), 43 N.J.R. 1889(a).
In the introductory paragraph of (d), substituted the second occurrence of "secure" for "secrete".