New Jersey Section 2C:21-2.2 – Ban on police badge transfers
A new law in New Jersey aims to stop people from misrepresenting themselves as police officers by banning the transfer of police badges. Section 2C:21-2.2 of the New Jersey code makes it illegal for anyone to sell, give, or otherwise transfer a police badge to someone who is not authorized to possess it.
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Background of the Law
This law was passed in response to incidents where people who were not cops used retired police badges to pretend to be active law enforcement. Even though impersonating a police officer was already illegal, people were able to get authentic old police badges through online sales or as gifts or souvenirs. With a real badge, it was easier for them to fool people into thinking they were genuine cops.The practice, known as “badge flashing,” could be used to get favors or privileges not afforded to regular citizens. Someone might flash a police badge to get out of a traffic ticket, get access behind police lines, intimidate others, or just generally take advantage of the trust people have in law enforcement.
What the Law Does
Under 2C:21-2.2, it is now a fourth-degree crime in New Jersey to transfer, give, sell or purchase a police badge without approval from the agency that issued it. The only people legally allowed to possess a law enforcement badge are active officers and authorized retirees. This applies to all state, county and municipal police and law enforcement agencies in New Jersey.So even if you come into possession of a real retired police badge in good faith, it is illegal to keep or transfer it without permission. The exception would be if it was willed to you by a direct relative who was a retired cop. Otherwise, authentic old badges must be returned to the issuing department.The law makes it clear that ownership of a law enforcement badge does not transfer to anyone except the officer it was issued to. Upon retirement, officers must follow their department’s policies on returning badges. They cannot keep them as souvenirs or pass them down without permission.
Reasons for the Law
The intent behind the law is to cut down on badge flashing by making it harder for regular citizens to obtain authentic police badges. Lawmakers wanted to close loopholes that allowed badges to be transferred through secondary markets or as gifts.Without this law, it would be difficult to prove whether someone using a police badge to pose as an officer actually intended to deceive people, or just happened to come into possession of the badge. Having an actual law enforcement badge lends credibility to the impersonation and makes it more likely to succeed.Since real badges can fetch high prices as collector’s items, there was also concern retired officers or their families might sell them for profit without considering how they might be misused. The law makes it clear badges should not be treated as personal property that can be freely bought and sold.
Concerns About Overreach
Some people argue this law could be overreach if taken too far. Retired officers often keep badges as mementos and may feel it is overstepping to restrict how they can pass these down to family. There is also debate around whether displaying a badge alone constitutes impersonation without other actions to explicitly misrepresent oneself as a cop.The law tries to strike a balance by including exceptions for authorized transfers like inheritance by immediate family. There is also discretion for departments to let retirees keep badges under certain conditions. But in general, it aims to limit circulation of badges to only those currently or formerly employed as police.
How the Ban Is Enforced
The law puts the onus on the police departments themselves to implement policies aligning with the new rules. They must establish procedures for badge returns and ensure access is restricted. Retired officers in violation could face criminal charges or pension penalties.For civilians illegally possessing or trading in law enforcement badges, it imposes fines up to $10,000 and up to 18 months imprisonment as a fourth-degree offense. This aims to discourage unauthorized collectors or sellers who deal in police memorabilia.The law also requires the state Attorney General to provide guidance and ensure compliance by agencies across the state. So there is broad oversight to standardize how each department implements badge restrictions.
Police Badge Transfers Now Restricted
This new statute fills a gap that allowed legitimate police badges to be transferred to non-officers who could potentially misuse them. By requiring badges be returned and not kept as personal property or collectibles, the law aims to reduce opportunities for badge flashing.However, it tries to balance this with some exceptions for authorized transfers and possession by retired professionals. Departments are still given latitude to award ceremonial badges to honor retirees. With common sense limits on circulation, the law can help curb impersonations without overreaching.