City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of East Orange 8-10-2015 by Ord. No. 41-2015.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch. 30 but was renumbered to maintain the organization of the Code.

§ 255-1 Sale prohibited; exceptions.

A. 
Sale of toy pistols. It shall be unlawful for any person to sell or dispose of to a minor any toy pistol that can be loaded with powder and ball or blank cartridges to be exploded by means of metal caps, but nothing herein contained shall apply to the sale or disposal of what are known as "firecracker pistols" or such pistols as are used for the explosion of paper caps.
B. 
It shall be unlawful for any person to sell or offer to sell, possess or use or attempt to use or give away any toy or imitation firearm which substantially duplicates or can reasonably be perceived to be an actual firearm unless:
(1) 
The entire exterior surface of such toy or imitation firearm is colored white, bright red, bright orange, bright yellow, bright blue, bright pink or bright purple, either singly or as the predominant color in combination with other colors in any pattern; or
(2) 
Such toy or imitation firearm is constructed entirely of transparent or translucent materials, which permits unmistakable observation of the imitation or toy firearm 's complete contents;
(3) 
The barrel of such toy or imitation firearm, other than the barrel of any such toy or imitation firearm that is a water gun, is closed with the same material of which the toy or imitation firearm is made for a distance of not less than 1/2 inch from the front end of said barrel;
(4) 
Such toy or imitation firearm has legibly stamped thereon the name of the manufacturer of such trade name, mark or brand by which the manufacturer can be readily identified; and
(5) 
Such toy or imitation firearm does not have attached thereto a laser pointer.
C. 
Subsection B of this section shall not apply to:
(1) 
The possession or display of toy or imitation firearms by a manufacturer or dealer solely for purposes of sales that are accompanied by delivery to a point without the City;
(2) 
Any toy or imitation firearm that will be used only for or in the production of television programs or theatrical or motion picture presentations; provided, however, that such use of any toy or imitation firearm complies with all applicable laws, rules or regulations concerning request and receipt of waivers authorizing such use;
(3) 
Nonfiring collector replica antique firearms, which look authentic and may be a scale model but are not intended as toys, molded on real firearms designed, manufactured and produced prior to 1898.
D. 
Air pistols and air rifles, selling or possessing:
(1) 
It shall be unlawful for any person to sell, offer to sell or have in such person's possession any air pistol or air rifle or similar instrument in which the propelling force is a spring or air, except that the sale of such instruments, if accompanied by delivery to a point within the City, and possession for such purpose, shall not be unlawful if such person shall have secured an annual license from the City authorizing such sale and possession. The sale and delivery of such instruments within the City from one licensee to another licensee, and the use of such instruments in connection with an amusement licensed by the Division of Consumer Affairs or at rifle or pistol ranges duly authorized by law, shall not be considered a violation of this section.
(2) 
All persons dealing in such instruments referred to in this section shall keep a record showing the name and address of each person purchasing such instrument or instruments, together with place of delivery, and said record shall be open to inspection during regular business hours by the officers of the Police Department of the City.
(3) 
Every person to whom a license shall be granted to sell, possess and deliver the instruments described in this section shall pay an annual fee of $10.

§ 255-2 Violations and penalties.

A. 
Toy guns. Except as otherwise specifically provided in this section, any person who shall willfully violate any provisions of § 255-1A and B shall, upon conviction, be punished by a fine of not more than $50 or by imprisonment not exceeding 30 days, or both such fine and imprisonment.
B. 
Air pistols and air rifles. Any person who shall violate § 255-1D shall be guilty of a misdemeanor, punishable by a fine of not more than $500 or imprisonment not exceeding six months, or both.