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Thursday, May 19, 2011

IN THE MATTER OF THE DENIAL OF THE APPLICATION OF GILES W. CASALEGGIO FOR A RETIRED LAW ENFORCEMENT OFFICER PERMIT TO CARRY A HANDGUN A-4924-09T4

IN THE MATTER OF THE DENIAL OF THE APPLICATION OF GILES W. CASALEGGIO FOR A RETIRED LAW ENFORCEMENT OFFICER PERMIT TO CARRY A HANDGUN A-4924-09T4

The issue presented in this case is whether a former assistant prosecutor and deputy attorney general is eligible for a permit to carry a handgun under N.J.S.A. 2C:39-6(l), which covers retired law enforcement officers. Based on our interpretation of the statute and its underlying purpose, we hold that neither an assistant prosecutor nor a deputy attorney general qualifies as a "full-time member of a State law enforcement agency" for the purpose of this exemption. Additionally, as used in N.J.S.A. 2C:39-6(l), the federal Law Enforcement Officers Safety Act of 2004, 18 U.S.C.A. § 926C, does not encompass retired assistant prosecutors or deputy attorneys general. 5-16-11