SENATE LAW AND PUBLIC SAFETY COMMITTEE

STATEMENT TO

SENATE, No. 916

with committee amendments

STATE OF NEW JERSEY

DATED: MAY 9, 1996

      The Senate Law and Public Safety Committee reports favorably Senate Bill No. 916 with committee amendments.

      As amended and released by the committee, this bill permits a State, county or municipal police officer or a federal law enforcement officer who retires in good standing with an aggregate of 20 or more years of service to carry a handgun under certain conditions.

      To secure permission to carry a handgun under the provisions of this bill, a retired police officer must apply, in writing, to the chief of police of the municipality or county wherein he was last regularly employed as a full-time officer. In the case of a retired member of the State Police or a federal law enforcement officer, the written application for permission to carry a handgun must be submitted to the superintendent. The application must be submitted within six months of the police officer's date of retirement. The same procedure is to be followed for the annual renewals: retired municipal and county police officers are to submit their renewal applications to the police chief of the department from which they retired; retired members of the State Police or federal law enforcement officers, to the superintendent.

      The bill further provides that whenever a retired officer is granted permission to carry a handgun, the chief of police of the municipality where he resides is to be notified of that fact. The notice is to be provided by the chief of police or the superintendent, whoever approved the retired officer's application. In the event the retired police officer resides in a municipality that does not have a chief of police, the notice is to be forwarded to the superintendent.

      In addition, the bill sets forth two requirements for a retired police officer who has been given approval to carry a handgun. First, the retired police officer must annually qualify with the handgun he is permitted to carry in the municipality where he was last regularly employed as a police officer prior to his retirement and in accordance with the procedures established by the Attorney General. In the case of a retired member of the State Police or a federal law enforcement agency, the annual qualification would take place at a place designated by the superintendent. Second, the retired police officer must provide proof of either a bond or insurance to absolve the municipality of any liability which may arise from the retired police officer's carrying that handgun.

      The authorization granted under this bill to carry a handgun would be revoked if the retired officer fails to qualify annually in the use of the weapon or becomes subject to any of the other disqualifications set forth in subsection c. of N.J.S.2C:58-3.

      Finally, the bill provides a 60 day "window of opportunity" for police officers who retired prior to enactment. Under this provision, any retired police officer who meets the other requirements of the bill may apply for permission to carry a handgun.

      The committee amended the bill to permit retired members of federal law enforcement agencies who meet the bill's requirements to carry a handgun. The federal law enforcement officer would make application to the Superintendent of State Police. The committee also amended the bill to provide that a retired officer who has an aggregate of 20 or more years of full-time service could make application to carry a handgun; as introduced, the bill required the officer to have an aggregate of 25 or more years of full-time service.