NEW JERSEY STATE SPECIAL POLICE ASS'N, INC. v. ATTY. GENERAL OF STATE


201 N.J. Super. 75 (1985)

492 A.2d 1018

NEW JERSEY STATE SPECIAL POLICE ASSOCIATION, INC., PLAINTIFF-APPELLANT, AND ROBERT DEGHETTO, INDIVIDUALLY AND ON BEHALF OF ELMWOOD PARK CHAPTER # 29, NEW JERSEY STATE SPECIAL POLICE ASSOCIATION, INC., PLAINTIFFS, v. ATTORNEY GENERAL OF THE STATE OF NEW JERSEY; PROSECUTOR OF BERGEN COUNTY; AND BOROUGH OF ELMWOOD PARK, NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 25, 1985.


Attorney(s) appearing for the Case

Michael A. Noto argued the cause for appellant.

Larry R. Etzweiler, Deputy Attorney General, argued the cause for respondents Attorney General and Prosecutor of Bergen County (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Larry R. Etzweiler of counsel and on the brief).

Zazzali, Zazzali & Kroll, attorneys for Amicus Curiae New Jersey State P.B.A. (Robert A. Fagella on the brief).

No brief was filed on behalf of respondent Borough of Elmwood Park, New Jersey.

Before Judges PRESSLER, BRODY and COHEN.


PER CURIAM.

N.J.S.A. 2C:39-5(b) prohibits possession of a handgun without having obtained a permit to carry it. There are numerous exemptions listed in N.J.S.A. 2C:39-6. N.J.S.A. 2C:39-6(a)(7) exempts a regular municipal policeman and a special municipal policeman (special) appointed under N.J.S.A. 40A:14-146 "while engaged in the actual performance of his duties and when specifically authorized by the governing body to carry weapons

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