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New Jersey Section 2C:58-4.1 – Employee of armored car company; application; letter from chief executive officer

New Jersey’s Gun Laws: What Armored Car Employees Need to Know

New Jersey has some of the strictest gun laws in the country. For armored car employees who carry firearms as part of their job, understanding the specific laws and regulations is crucial. This article will examine the key provisions of New Jersey’s gun laws as they apply to armored car employees.

Section 2C:58-4.1 of New Jersey’s criminal code deals specifically with armored car employees carrying handguns. It states that any application for an employee of an armored car company to carry a handgun must be accompanied by a letter from the chief executive officer of the armored car company. The letter must state the following:

  • The employee’s full name, address, date of birth, and social security number
  • The employee’s job title and responsibilities that require him or her to carry a handgun
  • A detailed description of the handgun(s) the employee will carry, including the caliber, make, model and serial number
  • Certification that the employee has received firearms training and qualifications annually for the handgun(s) he or she will carry
  • Any other information the Superintendent of State Police needs to determine the employee’s eligibility to carry a handgun

The law essentially requires the CEO to vouch for the employee and confirm that carrying a handgun is necessary for their duties. This application process for armored car employees is more streamlined than the typical civilian process for obtaining a carry permit in New Jersey, which is much more extensive.

Some other key provisions of New Jersey’s gun laws that armored car employees should be aware of include:

Licensing and Background Checks

– All handgun purchases or transfers require a firearms purchaser identification card (FPIC), which involves a background check and mental health records search. Armored car employees will have to obtain an FPIC.

Magazine Limits

– New Jersey bans magazines that hold more than 10 rounds of ammunition. Any larger magazines owned before the ban took effect can be kept, but must be registered. Armored car employees should use 10-round or smaller magazines.

Duty to Notify Police

– If an armored car employee loses or has their handgun stolen, they must report it to law enforcement within 36 hours. Failure to do so can result in fines or criminal charges.

Locations Where Firearms Are Prohibited

– New Jersey prohibits carrying firearms in certain sensitive locations like schools and government buildings, with exceptions for law enforcement and security personnel. Armored car employees cannot carry their firearms in prohibited places unless the restriction does not apply to them.

Use of Force Laws

– Like all gun owners, armored car employees may only use their firearms for self-defense or defense of others against imminent threat of death or serious bodily harm. Brandishing or reckless use of a firearm can lead to criminal charges.

Interstate Transportation

– Armored car employees should know federal laws governing transporting firearms across state lines. Firearms must be unloaded and stored in a locked container separate from ammunition when traveling outside New Jersey.

In addition to state gun laws, armored car companies likely have their own firearms policies for employees to follow. Failing to adhere to company guidelines could lead to disciplinary action or termination. Some common requirements may include:

  • Mandatory firearms training and re-qualification on a periodic basis (e.g. annually)
  • Restrictions on where employees can carry firearms during work hours
  • Protocols for safe handling and storage of firearms when not in use
  • Reporting any firearm discharges, whether intentional or accidental
  • Procedures for securing firearms when entering prohibited locations
  • A duty to retreat rather than use a firearm if safely possible
  • Bans on modifying or altering firearms without authorization

It is critical for armored car employees to understand both New Jersey’s laws regulating firearms and their own company policies. Carrying a handgun brings serious responsibilities. Armored car personnel must protect themselves and the valuables they transport, while also ensuring public safety and complying with all applicable regulations.

While on the job, employees should keep the handgun concealed from view. Flashing or carelessly displaying a firearm could create unease and prompt calls to law enforcement. Armored car crews are trusted professionals who must maintain composure and good judgment while armed in public.

Use of Deadly Force by Armored Car Employees

Given the nature of their work and the frequent transport of cash, armored car employees are at risk for armed robberies and attacks. New Jersey allows the use of deadly force in self-defense or defense of others when the employee reasonably believes it is immediately necessary to protect against death or serious bodily harm. However, there are still limitations armored car personnel must understand.

  • Attempt to retreat or diffuse the situation first if safely possible. Deadly force should be an absolute last resort.
  • Only use the minimum level of force needed to stop the threat. For example, never shoot to kill if shooting to injure would stop the assailant.
  • Beware of unintended targets in the background that could be hit if shots are fired.
  • Deadly force cannot be used solely to defend property – i.e. just the money or valuables being transported. There must be an imminent threat of death or injury.
  • Caution is required in crowded public areas to minimize risks to bystanders.
  • Discharging a firearm from a moving vehicle raises safety concerns and should be avoided if at all possible.
  • State and company policies may impose a duty to retreat or avoid force if safely feasible. Review these requirements regularly.

Any use of deadly force must be objectively reasonable based on the circumstances. Police will investigate armored car shootings as they would any civilian self-defense shooting. Acting negligently or recklessly with a firearm could expose the employee to criminal charges and civil liability.

That said, armored car personnel in New Jersey do have considerable protections under the law when using firearms justifiably. The state has a castle doctrine law that presumes a self-defense claim is valid when force is used against an intruder in the employee’s vehicle. There is no duty to retreat before using defensive force in a company vehicle.

Additionally, New Jersey law provides civil immunity for those who use firearms in lawful self-defense. This protects armored car employees from being sued by attackers they injure or the families of attackers killed in a justified shooting. But again, the force must have been reasonably necessary and proportional.

Regular training is imperative so armored car crews know how to respond to armed assaults in a lawful, judicious manner. Exercising restraint and good judgment, even in highly dangerous encounters, helps ensure self-defense claims will succeed if charges are filed.

New Jersey Carry Permits for Armored Car Employees

To legally carry a handgun on the job, New Jersey armored car employees must obtain a permit to carry a handgun under N.J.S. 2C:58-4. The application process is streamlined compared to permits for regular citizens. But certain requirements still apply:

  • Be at least 21 years old
  • Pass a criminal background check
  • Provide letters from the armored car company CEO and any former employers
  • Show firearms qualifications and training
  • Demonstrate a justifiable need to carry a handgun for work
  • Pay required application fees

In most cases, the need to carry a firearm for armored car duties meets the justifiable need standard. But ultimately the decision is left to the discretion of the local police chief or Superintendent of State Police. They may consider the employee’s specific duties, work location and routes traveled.

Armored car employee carry permits are valid statewide. But they are also subject to the strict carry restrictions New Jersey imposes on civilian permit holders:

  • Only the handguns listed on the permit may be carried.
  • Hollow point ammunition is prohibited.
  • The handgun must be concealed from public view when carried.
  • No carrying in prohibited sensitive places unless explicitly allowed.
  • Must show permit and ID when requested by law enforcement.
  • Permits must be renewed every 2 years.

Failure to follow permit rules could lead to it being revoked or not renewed. Armored car employees should be familiar with all the conditions associated with their carry permit to avoid issues.

Having an New Jersey carry permit does not exempt armored car personnel from following other state gun laws and regulations. The carry permit only addresses the specific issue of transporting a concealed handgun on their person. Restrictions on magazine capacity, transport, storage, etc. still apply and must be followed.

Self-Defense Insurance for Armored Car Employees

Given the risks of attack, armored car companies should consider providing liability insurance to protect employees who justifiably use firearms in self-defense. Policies can cover:

  • Legal defense costs if the employee is arrested and charged
  • Bail money and funds to retain a criminal defense attorney
  • Civil damages the employee may be ordered to pay (if found negligent in a shooting)
  • Lost wages from time spent in court or suspended from work
  • Psychological counseling, medical bills and rehabilitation

Self-defense policies provide vital financial protection. Even completely justified shootings often result in criminal charges or lawsuits. The costs of defending oneself can be crippling without insurance. Some policies also help with upfront PR assistance to counter negative publicity.

For minimal annual premiums, self-defense insurance brings invaluable peace of mind. Armored car employees have unique risks and responsibilities. Their company should demonstrate support by covering all the potential post-incident costs.

Staying Legal and Qualified

Armored car employees undergo extensive vetting and training to carry firearms on the job. But maintaining compliance with all rules and regulations is an ongoing responsibility. To avoid legal problems, employees should:

  • Re-read New Jersey’s firearms laws and company policies regularly
  • Successfully complete all required firearms training and qualifications
  • Carefully follow all protocols for safe firearm handling and storage
  • Never carry any firearm not listed on their permit
  • Report any lost or stolen guns immediately to law enforcement
  • Notify their employer and local police of any change of address
  • Renew carry permits well before the expiration date
  • Seek legal counsel if ever questioned by police about a shooting

It is also smart to keep a journal documenting all firearms training, range qualifications, and other demonstrations of responsible handling. Having written proof of regular, ongoing practice and skill development will bolster self-defense claims if ever needed.

Armored car personnel occupy a unique position as armed private sector workers protecting valuable commodities. New Jersey residents generally support stringent gun laws, but make pragmatic allowances for citizens like armored couriers facing heightened risks. By staying up-to-date on all legal requirements and company protocols, employees can fully leverage their rights while avoiding unnecessary liability.

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