Anyone who knows me, also knows that I strongly encourage clerks to put in for gun training. I think that everyone that is eligible should be trained, whether they choose to carry or not. Choosing to carry a firearm poses an additional challange if you happen to live in New Jersey. We all know about HR 218, the Law Enforcement Officer Right to Carry Act, signed by President George Bush in July 2004, that allows us to carry concealed throughout the 50 states. That law also states that we are subject to the local guns laws of the state we choose to carry in. In NJ this means that we are subject to a ban on the use of hollow point bullets. I have contacted my local police department, NJ State Police, Attorney General's Office, Mercer County Procecutor's Office, the Governor's Office and Congressman Rush Holt and have not been able to obtain an official answer as to what sort liability we are exposed to if we carry a firearm in NJ according to our agency policy. I heard unofficially, via the office of Congressman Holt that it is probably best not to carry in NJ.
I decided to test this out by applying for a concealed carry permit in NJ. I filed my application with my local police department. The initial impression given by the licensing officer was that my application would be denied on the basis that I did not need it. It was his belief that HR 218 was sufficient. The matter was then referred to a Superior Court Judge and much to my surprise the application was approved. The only restriction placed on the permit is that it is subject to my continued employment with the New York State courts.
It is unlikely that in a routine traffic stop or some other innocuous encounter with local police that they will try to jam up a law enforcement officer from another jurisdiction. It may be another thing entirely, if the firearm is somehow involved. I don't know what the agency's indemnification will be worth when you are facing criminal charges in another state. I think that it would be important to find out. Unfortuately, obtaining an answer from either OCA or the union has proved equally difficult.
For now I'll keep my NJ carry permit in the same wallet as my sheild and ID. I don't know if I will ever have the need to use it. I don't know if it will actually help. I hope to never have to find out.
I would love to hear from any of you that live in NJ. What has been your experience with this issue? Is there any information that you can add to this discussion?
Tuesday, December 16, 2008
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