New Jersey § 40a:14-146
Full text of New Jersey New Jersey Statutes § 40a:14-146, with citation guidance and answers to common questions.
§ 40a:14-146.
a. Special law enforcement officers may be appointed for terms not to exceed one year,
and the appointments may be revoked by the local unit for cause after adequate hearing,
unless the appointment is for four months or less, in which event the appointment
may be revoked without cause or hearing. Nothing herein shall be construed to require reappointment upon the expiration of
the term. The special law enforcement officers so appointed shall not be members of the police
force of the local unit, and their powers and duties as determined pursuant to this
act shall cease at the expiration of the term for which they were appointed. b. A special law enforcement officer shall not carry a firearm except while engaged in the actual performance of the officer's official
duties and when specifically authorized by the chief of police, or, in the absence
of the chief, other chief law enforcement officer of the local unit to carry a firearm
and provided that the officer has satisfactorily completed the basic firearms course
required by the commission for regular police officers and annual requalification
examinations as required for permanent, regularly appointed full-time officers in
the local unit. A special law enforcement officer shall be deemed to be on duty only while the officer is performing the public safety functions on behalf of the local unit pursuant to
this act and when the officer is receiving compensation, if any, from the local unit at the rates or stipends as
shall be established by ordinance. A special law enforcement officer shall not be deemed to be on duty for purposes
of this act while performing private security duties for private employers, which
duties are not assigned by the chief of police, or, in the absence of the chief, other
chief law enforcement officer of the local unit, or while receiving compensation for
those duties from a private employer. A special law enforcement officer may, however, be assigned by the chief of police
or, in the absence of the chief, other chief law enforcement officer, to perform public
safety functions for a private entity if the chief of police or other chief law enforcement
officer supervises the performance of the public safety functions. If the chief of police or other chief law enforcement officer assigns the public
safety duties and supervises the performance of those duties, then, notwithstanding
that the local unit is reimbursed for the cost of assigning a special law enforcement
officer at a private entity, the special law enforcement officer shall be deemed to
be on duty. The reimbursement for the duties of a special law enforcement officer, which is made
to a municipality with a population in excess of 300,000, according to the 1980 federal
decennial census, may be by direct payments from the employer to the special law enforcement
officer, provided that records of the hours worked are forwarded to and maintained
by the chief of police or other chief law enforcement officer responsible for assigning
the special law enforcement officer those public safety duties. Any firearm utilized by a special law enforcement officer shall be returned at the
end of the officer's workday to the officer in charge of the station house, unless
the firearm is owned by the special law enforcement officer and was acquired in compliance
with a condition of employment established by the local unit. Any special law enforcement officer first appointed after the effective date of
this act shall only use a firearm supplied by the local unit. A special law enforcement officer shall not carry a revolver or other similar weapon when off duty; but if any special law enforcement officer appointed by the governing body of any municipality having a population in
excess of 300,000, according to the 1980 federal census, who is a resident of the
municipality and is employed as a special law enforcement officer at least 35 hours per week, or less at the discretion of the chief of police
and mayor, shall, at the direction of the chief of police, have taken and successfully
completed a firearms training course administered by the Police Training Commission,
pursuant to P.L.1961, c. 56 ( C.52:17B-66 et seq. ), and has successfully completed within three years of the effective date of P.L.1985,
c. 45 or three years of the date of appointment of the special law enforcement officer, whichever is later, 280 hours of training in arrest, search and seizure,
criminal law, and the use of deadly force, and shall annually qualify in the use of
a revolver or similar weapon, the special law enforcement officer shall be permitted to carry a revolver or other similar weapon when off duty
within the municipality where the officer is employed. Specific authorization shall be in the form of a permit which shall not be unreasonably
withheld, which is subject to renewal annually and may be revoked at any time by the
chief of police. The permit shall be on the person of the special law enforcement officer whenever a revolver or other similar weapon is carried off duty. A permit shall not be issued until the special law enforcement officer has successfully completed all training courses required under this section. Any training courses completed by a special law enforcement officer under the direction of the chief of police in a school and a curriculum approved
by the Police Training Commission, pursuant to P.L.1961, c. 56 ( C.52:17B-66 et seq. ), shall be credited towards the 280 hours of training required to be completed by
this section. Any training required by this section shall commence within 90 days of the effective
date of P.L.1985, c. 45 or within 90 days of the date of the appointment of the special law enforcement officer, whichever is later. c. A special law enforcement officer shall be under the supervision and direction
of the chief of police or, in the absence of the chief, other chief law enforcement
officer of the local unit wherein the officer is appointed, and shall perform the officer's duties only in the local unit except when in fresh pursuit of any person pursuant
to chapter 156 of Title 2A of the New Jersey Statutes or when authorized to perform
duties in another unit pursuant to a mutual aid agreement enacted in accordance with
section 1 of P.L.1976, c. 45 ( C.40A:14-156.1 ). d. The officer shall comply with the rules and regulations applicable to the conduct
and decorum of the permanent, regularly appointed police officers of the local unit,
as well as any rules and regulations applicable to the conduct and decorum of special
law enforcement officers. e. Notwithstanding any provision of P.L.1985, c. 439 ( C.40A:14-146.8 et seq. ) to the contrary, a special law enforcement officer may travel through another local
unit to reach a noncontiguous area of the local unit in which the officer's appointment was issued or to transport persons to and from a correctional facility.
Frequently Asked Questions About New Jersey § 40a:14-146
What does New Jersey Statutes § 40a:14-146 cover?
Section 40a:14-146 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 40a:14-146?
A common citation format is "New Jersey Statutes § 40a:14-146" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 40a:14-146 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.