Township of East Hanover, NJ Chapter 82 Firearms

[HISTORY: Adopted by the Township Committee of the Township of East Hanover 3-6-1980 by Ord. No. 4-1980. Section 82-7 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Peace and good order — See Ch. 115.

§ 82-1 Definitions.

For the purposes of this chapter, the following words and terms shall include the meanings established herein:

FIREARM

Any gun, shotgun, rifle, pistol, revolver, bow and arrow or other device from which a bullet, shot, ball, slug, pellet, solid projectile or other missile or any gas, vapor or other noxious thing is propelled.

TARGET RANGE

Any place designated, used or intended to be used for the discharge of any firearms at a fixed mark or target.

§ 82-2 Restrictions on discharge of firearms.

A. No person shall discharge any firearm or cast any arrow across any state, county or township road or highway or have in his possession a loaded gun or weapon while within 450 feet of any structure in the township or within 450 feet of a school or school playground in the township.

B. No persons shall discharge any firearm or cast any arrow or have possession of a loaded gun or weapon within the boundaries of the township in areas other than those set forth in § 82-6 unless he either is exempted pursuant to § 82-6 or has applied for and received permission, as hereinafter provided, from the Chief of Police to discharge a firearm or cast an arrow in an area prohibited under § 82-6 and, if applicable, Subsection A.

§ 82-3 Prohibited discharge.

The discharge, firing or use of any firearm or bow and arrow of any description whatsoever in the Township of East Hanover is hereby specifically prohibited except as herein provided.

§ 82-4 Grant or denial of permit.

The Police Chief of the Township of East Hanover shall, upon the proper application's being made as hereinafter set forth, grant specific permission to a person, for the periods of time applied for and in such places of the township as applied for which are not prohibited under §§ 82-2 and 82-6, to discharge or use a firearm or bow and arrow in the Township of East Hanover for sport, recreation or the protection of property. The granting or denial of any permission under this section shall not be arbitrary and shall be according to the standards as herein set forth and so as to protect the health, safety and welfare of the citizens of the Township of East Hanover.

§ 82-5 Application for permit; contents.

A. Any person desiring to make application under § 82-4 hereof for the specific permission provided for shall file with the Police Department of the Township of East Hanover a proper application for the same, to be provided by the Police Department at police headquarters.

B. The application form shall require the applicant to:

(1) State the applicant's name, address and telephone number.

(2) State the property on which the discharge or use of said firearm or bow and arrow is to take place and for what period of time.

(3) If on land, other than that owned by the applicant, posted with signs prohibiting hunting or the discharge of firearms or the use of bows and arrows, accompany his application with specific written permission from the owner or owners of said land and, if applicable and necessary, the lessees of said land set forth in said application.

(4) State his firearm identification card number, if issued.

(5) State his New Jersey State hunting license number in the event that the applicant intends to hunt.

(6) Certify that:

(a) He is not prohibited by the state statutes of New Jersey from using or possessing a firearm due to a violation of New Jersey's criminal statutes.

(b) He is aware of the provisions of N.J.S.A. 23:4-24 that it is illegal to hunt within the State of New Jersey on Sunday, unless that person can state that he is validly exempt from those provisions.

(c) He is aware that falsification of any part of the application will void same.

(d) He has not become subject to any of the disabilities relative to arrest records or physical impairment as set forth under N.J.S.A. 2A: 151-1 et seq.[1]

[1] Editor's Note: Currently see N.J.S.A. 2C:39-1 et seq.

(e) He is familiar with the terms and conditions of this chapter and the laws of the State of New Jersey regarding the use of firearms within the state.

(f) He is aware that he is subject to civil and criminal charges that might arise out of damages to property or injury and/or death to person or persons as a result of his discharging a firearm or bow and arrow within the Township of East Hanover.

C. All firearm and bow and arrow permits shall be for a period of one year from January 1 to December 31, and all permits issued on and after January 1 in any year shall expire on December 31 of the following year.

D. The fee associated with an application for a weapons discharge permit pursuant to this section shall be $25 and shall be payable to the East Hanover Police Department.

[Added 12-4-2023 by Ord. No. 11-2023]

§ 82-6 Map of permitted area; conduct not regulated.

A. The map of the township, entitled "Township of East Hanover, Morris County, New Jersey," with latest revision dated January 1983, as on file with the Municipal Clerk, establishes, by darkened delineation, those areas within the Township of East Hanover in which permits may be applied for and issued as outlined within this chapter. No person shall discharge a firearm or use a bow and arrow in any other area or location within the Township of East Hanover.

[Amended 3-3-1983 by Ord. No. 3-1983]

B. Nothing contained in this chapter shall be construed to prevent any person from keeping or carrying any firearm about his place of business, dwelling house or premises or upon lands possessed by him or to or from any place where repairing is done to have the same repaired; nor to prevent any person from carrying a firearm or bow and arrow in the woods or fields or upon the waters of this township for the purpose of hunting or target practice in the area where the same is not prohibited by the provisions of this chapter or by the applicable laws of the State of New Jersey.

C. Nothing contained in this chapter shall be construed to prevent the carrying or lawful discharge of a firearm in any area of the township by the following persons:

(1) Law enforcement officers of any governmental agency while in the performance of their duties.

(2) Members of any legally recognized military organization while in the performance of their duties.

(3) Members of governmental or civilian rifle or pistol clubs duly organized in accordance with the rules prescribed by the National Board for the promotion of rifle practice, in going to and from their several places of target practice, provided that such firearms are unloaded, and in discharging firearms as part of such practice, provided that a copy of the charter is filed with the Chief of Police and that the target practice range, if within the township, is approved by the Chief of Police as complying with nationally recognized standards for such ranges and is under competent supervision.

(4) Privately employed security personnel who are authorized by law to carry firearms while in the performance of their duties.

(5) Persons lawfully using firearms in the protection of person or property.

§ 82-7 Violations and penalties. [1]

Any person or persons discharging a firearm or bow and arrow of any description whatsoever contrary to the terms of this chapter shall, upon conviction under this chapter be subject to a fine not exceeding $500 or imprisonment not exceeding 90 days, or both, in the discretion of the court imposing the same.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.