An Act permitting certain retired law enforcement officers to carry firearms and supplementing chapter 39 of Title 2C of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. Nothing in subsection b. of N.J.S.2C:39-5 shall be construed to prevent a law enforcement officer from carrying a handgun in the same manner as law enforcement officers exempted under paragraph (7) of subsection a. of N.J.S.2C:39-6 under the conditions provided herein who:

(1) was regularly employed as a full-time member of a state or local governmental law enforcement agency outside the State of New Jersey;

(2) retired in good standing from that law enforcement agency, including a disability retirement, provided the officer was a regularly employed, full-time law enforcement officer for an aggregate of five or more years prior to his disability retirement, and provided that the disability which constituted the basis for that retirement did not involve a certification that the officer was mentally incapacitated for the performance of his usual law enforcement duties and any other available duty in the department which his employer was willing to assign to him or does not subject that retired officer to any of the disabilities set forth in subsection c. of N.J.S.2C:58-3 which would disqualify the retired officer from possessing or carrying a firearm;

(3) certifies, in a form and manner prescribed by the Superintendent of State Police, that he has successfully completed a training program substantially similar to the training program approved by the Police Training Commission for New Jersey law enforcement officers pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.);

(4) semi-annually qualifies in the use of the handgun he is permitted to carry in accordance with the requirements and procedures established by the Attorney General pursuant to subsection j. of N.J.S.2C:39-6, and pays the actual costs associated with those semi-annual qualifications;

(5) is less than 70 years of age; and

(6) is a legal resident of the State of New Jersey.

b. (1) The retired law enforcement officer, within six months after retirement or the establishment of his legal residence in the State of New Jersey, shall make application in writing to the Superintendent of State Police for approval to carry a handgun for one year. An application for annual renewal shall be submitted in the same manner.

(2) Upon receipt of the written application of the retired law enforcement officer, the superintendent shall request a verification of service from the chief law enforcement officer of the organization in which the retired officer was last regularly employed as a full-time law enforcement officer prior to retiring. The verification of service shall include:

(a) The name and address of the retired officer;

(b) The date that the retired officer was hired and the date that the officer retired;

(d) A statement that, to the reasonable knowledge of the chief law enforcement officer, the retired officer is not subject to any of the restrictions set forth in subsection c. of N.J.S.2C:58-3; and

(e) A statement that the officer retired in good standing.

(3) If the superintendent approves a retired officer's application or reapplication to carry a handgun pursuant to the provisions of this act, the superintendent shall notify in writing the chief law enforcement officer of the municipality wherein that retired officer resides. In the event the retired officer resides in a municipality which has no chief law enforcement officer or law enforcement agency, the superintendent shall maintain a record of the approval.

(4) The superintendent shall issue to an approved retired officer an identification card permitting the retired officer to carry a handgun pursuant to this act. This identification card shall be valid for one year from the date of issuance and shall be valid throughout the State. The identification card shall not be transferable to any other person. The identification card shall be carried at all times on the person of the retired officer while the retired officer is carrying a handgun. The retired officer shall produce the identification card for review on the demand of any law enforcement officer or authority.

(5) Any person aggrieved by the denial of the superintendent of approval for a permit to carry a handgun pursuant to this subsection may request a hearing in the Superior Court of New Jersey in the county in which he resides by filing a written request for such a hearing within 30 days of the denial. Copies of the request shall be served upon the superintendent and the county prosecutor. The hearing shall be held within 30 days of the filing of the request, and no formal pleading or filing fee shall be required. Appeals from the determination of such a hearing shall be in accordance with law and the rules governing the courts of this State.

(6) A judge of the Superior Court may revoke a retired officer's privilege to carry a handgun pursuant to this subsection for good cause shown on the application of any interested person. A person who becomes subject to any of the disabilities set forth in subsection c. of N.J.S.2C:58-3 shall surrender, as prescribed by the superintendent, his identification card issued under paragraph (4) of this subsection to the chief law enforcement officer of the municipality wherein he resides or the superintendent, and shall be permanently disqualified to carry a handgun under this subsection.

(7) The superintendent may charge a reasonable application fee to retired officers to offset any costs associated with administering the application process set forth in this subsection.

2. Any retired law enforcement officer who meets all of the requirements of section 1 of P.L. , c. (C. )(now pending before the Legislature as this bill), but who retired prior to the effective date of that act, may apply to carry a handgun. The application shall be in the manner as provided in that act and the applicant, if approved, shall be subject to all the requirements set forth therein.

3. This act shall take effect on the first day of the fourth month following enactment.

STATEMENT

This bill supplements chapter 39 of Title 2C of the New Jersey Statutes to extend the right to carry a firearm to qualified New Jersey residents who retired after serving as regular, full-time officers in law enforcement agencies in states other than New Jersey.

Under the bill, the qualifications are substantially similar to those currently set forth in the law governing the issuance of permits to individuals who retired after serving as officers in various federal, interstate, State and local law enforcement agencies. An applicant must (1) be under the age of 70; (2) not be subject to any of the statutory disqualifications concerning the carrying of a firearm; and (3) be able to qualify semi-annually in the use of a firearm.

In addition, the bill specifies that a person who has retired from a law enforcement agency in a state other than New Jersey must be able to certify that he has successfully completed a police officer training program that is substantially similar to that which the Police Training Commission mandates for all New Jersey law enforcement officers.