For purposes of the disarming law, possession of the firearm or other weapon by a law enforcement or corrections officer may be either actual possession or constructive possession. The word “possess” as used in criminal statutes signifies a knowing, intentional control over a designated thing, accompanied by a knowledge of its character. Not only must an officer rightfully “possess” the weapon under New Jersey law, but the officer must be acting in the performance of his or her duties and be in uniform or have exhibited evidence of authority.
Actual Possession. A law enforcement or corrections officer is in actual possession of a firearm or other weapon when the officer has knowledge of its character and knowingly has it on his or her person at a given time.
Constructive Possession. New Jersey law recognizes that a law enforcement or corrections officer may still be in possession of a firearm or other weapon even though the officer does not have the firearm or other weapon on their person at a given time. Known as “constructive possession,” it only applies if an officer is aware of the presence of the firearm or other weapon while intending and having the ability to exercise control over it.
Also, a law enforcement or corrections officer, although not in actual possession, who has knowledge of the firearm or the weapon, and intends at a given time to exercise control over that firearm or other weapon, either directly or through another person or persons, is in constructive possession of the firearm or other weapon.
