In re Broking

885 A.2d 507, 381 N.J. Super. 260, 2005 N.J. Super. LEXIS 334
CourtNew Jersey Superior Court Appellate Division
DecidedNovember 14, 2005
StatusPublished
Cited by1 cases

This text of 885 A.2d 507 (In re Broking) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Broking, 885 A.2d 507, 381 N.J. Super. 260, 2005 N.J. Super. LEXIS 334 (N.J. Ct. App. 2005).

Opinion

The opinion of the court was delivered by

YANNOTTI, J.A.D.

Ronald S. Broking appeals from an order entered in the Law Division on February 25, 2005, which affirmed a determination of the Superintendent of State Police (Superintendent) denying Broking’s application pursuant to N.J.S.A. 2C:39-6(l) for a permit to carry a handgun. We reverse.

The facts are relatively straightforward. Broking was a law enforcement officer and he was a member of the Police and Firemen’s Retirement System (PFRS). Broking filed an application in or around January 2004 for accidental disability retirement pursuant to N.J.S.A. 43:16A-7(1). That statute provides that a member of the PFRS may be retired on an “accidental disability retirement allowance,” provided that the medical board certifies, after an examination, that the member

is permanently and totally disabled as a direct result of a traumatic event occurring during and as a result of the performance of his regular or assigned duties and that such disability was not the result of the member’s willful negligence and that such member is mentally or physically incapacitated for the performance of his usual duty and of any other available duty in the department which his employer is willing to assign to him.
[Ibid.]

The member’s application must be approved by the Board of Trustees (Board) which is vested with authority for the “proper operation” of the PFRS. N.J.S.A. 43:16A-13(1). The Board’s regulation provides in pertinent part that, “A member’s retirement application becomes effective on the first of the month following receipt of the application unless a future date is requested.” N.J.A.C. 17:4-6.1(a).

The Board approved Broking’s application on August 9, 2004 and in a letter dated August 10, 2004, advised Broking that his application was approved effective February 1, 2004. On Septem[263]*263ber 12, 2004, Broking filed an application with the Superintendent pursuant to N.J.S.A. 2C:89-6(l)(1) for a permit to carry a handgun.

The Superintendent informed Broking by letter dated January 24, 2005 that his application was denied because Broking retired as of February 1, 2004 and he failed to file the application “within six months after retirement,” as required by N.J.S.A. 20:39-6(1)(1). The letter noted that Broking could apply for a permit to carry a handgun pursuant to N.J.S.A. 2C:58-4, by submitting an application with the chief law enforcement officer of the municipality in which he resides.

Broking appealed the Superintendent’s determination to the Superior Court pursuant to N.J.S.A. 2C:39-6(l)(5). The Law Division judge upheld the Superintendent’s decision. Ruling from the bench, the judge noted that N.J.S.A. 2C:39-6(1)(1) provides that a retired law enforcement officer “shall” make application in writing “within six months after retirement.” The judge determined that the statute did not confer upon the court any discretion to alter the timeframe within which the application must be filed. The judge found that because Broking had not filed the application within six months of the effective date of his retirement on February 1,2004, his application was untimely.

On this appeal, Broking argues that the six month limitations period in N.J.S.A. 2C:39-6(l)(1) began to run when he was informed that the Board had approved his application for retirement, rather than the February 1, 2004 effective retirement date. Broking contends that, until the Board acted on August 9, 2004, he was still an active member of the PFRS and therefore was not “retired.” Broking alternatively argues that, if he is deemed to have retired on February 1, 2004, the deadline for filing the permit application should be tolled until the date when the Board approved his retirement.

Our primary goal in interpreting a statute is to discern and give effect to the legislative intent in light of the language [264]*264used and the objects sought to be achieved by enactment of the statute. Burns v. Belafsky, 166 N.J. 466, 473, 766 A.2d 1095 (2001) (citing State v. Hoffman, 149 N.J. 564, 578, 695 A.2d 236 (1997)). The search for legislative intent begins with the language of statute. First Resolution Inv. v. Seker, 171 N.J. 502, 511, 795 A.2d 868 (2002). “If the statute is clear and unambiguous on its face and admits of only one interpretation, we need delve no deeper than the act’s literal terms to divine the Legislature’s intent.” State v. Thomas, 166 N.J. 560, 567, 767 A.2d 459 (2001)(quoting State v. Butler, 89 N.J. 220, 226, 445 A.2d 399 (1982)). However, if the language of the statute is ambiguous, we consider extrinsic sources such as the statutory context in discerning the correct meaning of the statute. Hoffman, supra, 149 N.J. at 578, 695 A.2d 236 (citing Cedar Cove, Inc. v. Stanzione, 122 N.J. 202, 213, 584 A.2d 784 (1991)).

We therefore begin our analysis with a review of the statutes under which Broking sought the permit to carry a handgun. N.J.S.A. 2C:39-5(b) states that a person who knowingly possesses a handgun without having first obtained a permit to carry the same is guilty of a crime of the third degree. However, N.J.S.A. 2C:39-6(l) provides in pertinent part that:

nothing in subsection b. of [N.J.S.A.] 2C:39-5 shall be construed to prevent a law enforcement officer who retired in good standing, including a retirement because of disability pursuant to [N.J.S.A. 43:16A-6, N.J.S.A. 43:16A-7, N.J.S.A. 43:16A-6.1], or any substantially similar statute governing the disability retirement of federal law enforcement officers, provided the officer was a regularly employed, full-time law enforcement officer for an aggregate of five or more years prior to his disability retirement and further provided that the disability which constituted the basis for the officer’s retirement did not involve a certification that the officer was mentally incapacitated for the performance of his usual law enforcement duties and any other available duty in the department which his employer was willing to assign to him or does not subject that retired officer to any of the disabilities set forth in subsection c. of [N.J.S.A.] 2C:58-3 which would disqualify the retired officer from possessing or carrying a firearm, who semi-annually qualifies in the use of the handgun he is permitted to carry in accordance with the requirements and procedures established by the Attorney General pursuant to subsection j. of this section and pays the actual costs associated with those semi-annual qualifications, who is less than 70 years of age, and who was regularly employed as a full-time member of the State Police; a full-time member of an interstate police force; [265]*265[or] a full-time member of a county or municipal police department in this State....

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Cite This Page — Counsel Stack

Bluebook (online)
885 A.2d 507, 381 N.J. Super. 260, 2005 N.J. Super. LEXIS 334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-broking-njsuperctappdiv-2005.