[HISTORY: Adopted by the Township Committee of the Township of Manalapan 10-27-1993
by Ord. No. 93-30 as Ch. 103 of the 1993 Code. Amendments
noted where applicable.]
No person shall discharge a handgun or any firearm within the Township
of Manalapan except as set forth hereinafter.
The provisions of § 107-1 of this chapter shall not be applicable to the discharge of any handgun or firearm in that portion of the Township of Manalapan bounded on the north by the Pennsylvania Railroad, also known as the Freehold and Jamesburg Branch and the west by the border of Monroe Township; on the south by the border of Millstone Township and on the east by the border of Freehold Township and subject to the following exceptions:
A.
The discharge of any handgun or firearm on a firearm
range which is under the supervision of the Township of Manalapan Police Department.
B.
The discharge of any handgun or firearm by members of
the Township of Manalapan Police Department, any law enforcement officer of
any municipal, county, state or federal government or any representative of
the Division of Fish, Game and Shellfisheries, Department of Environmental
Protection State of New Jersey, while in the performance of their official
duties.
C.
The discharge of any handgun or firearm by any person
in protection of himself, members of his family or his guests, or in protection
of his property.
D.
The discharge of any handgun or firearm on farmland by
the owner or occupant of a farm in this state, who actually resides thereon,
or the immediate members of his family who also reside thereon, or by a person
or persons having permission in writing from the owner of a farm.
E.
The discharge of any handgun or firearm taking place
during recognized ceremonial events such as the firing of salutes by veterans
organizations and similar associations as part of patriotic and holiday activities.
The prohibited areas affected by this chapter are intended to be supplemented
by those areas described in N.J.S.A. 23:4-16, as amended, which reads as follows:
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"No person, either in an automobile or vehicle of any kind whatsoever,
or by the aid or use of a light carried on or attached to a vehicle of any
kind, shall hunt for, pursue, shoot, shoot at, kill, capture, injure or destroy
a bird or animal in this state and no person shall use any portable light
or lights for the purpose of hunting for any game bird or animal excepting
raccoon, and no person shall, for the purpose of hunting, taking or killing
any bird or animal, cast an arrow or discharge any firearm upon or across
any state, county or municipal road or highway, and no person, except the
owner or lessee of the property and person specifically authorized by him
in writing, shall, for the purpose of hunting, taking or killing any bird
or animal, have in his possession a loaded gun while within 450 feet of any
occupied dwelling in this state, or of a school playground, under a penalty
of not less than $50 and not more than $100 for each offense."
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The following definitions apply to this chapter:
Land, consisting of not less than five acres in area, which qualifies
as farmland under the Farmland Assessment Act of 1964[1] and is actively being used for agricultural purposes and devoted
to the production for sale of plants and animals useful to man, including
but not limited to: forages and sod crops; grains and feed crops; dairy animals
and dairy products; poultry and poultry products; livestock, including beef
cattle, sheep, swine, horses, ponies, mules or goats, including the breeding
and grazing of any or all of such animals; bees and apiary products; fur animals;
trees and forest products; or when devoted to and meeting the requirements
and qualifications for payments or other compensation pursuant to a soil conservation
program under an agreement with an agency of the Federal Government.
Any handgun, rifle, shotgun, machine gun, automatic or semiautomatic
rifle, or any gun, device or instrument in the nature of a weapon from which
may be fired or ejected any solid projectible ball, slug, pellet, missile,
or bullet, or any gas, vapor or other noxious thing, by means of a cartridge
or shell or by the action of an explosive or the ignition of flammable or
explosive substances. It shall also include, without limitation, any firearm
which is in the nature of an air gun, spring gun or pistol or other weapon
of a similar nature in which the propelling force is a spring, elastic band,
carbon dioxide, compressed or other gas or vapor, air or compressed air, or
is ignited by compressed air and ejecting a bullet or missile smaller than
3/8 of an inch in diameter, with sufficient force to injure a person.
Any pistol, revolver or other firearm originally designed or manufactured
to be fired by the use of a single hand.
Any firearm designed to be fired from the shoulder and using the
energy of the explosive in a fixed metallic cartridge to fire a single projectile
through a rifled bore for each single pull of the trigger.
Any firearm designed to be fired from the shoulder and using the
energy of the explosive in a fixed shotgun shell to fire through a smooth
bore either a number of ball shot or a single projectile for each pull of
the trigger, or any firearm designed to be fired from the shoulder which does
not fire fixed ammunition.
[1]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq.
Any person violating the provisions of this chapter shall, upon conviction,
be subject to a fine of not more than $1,000 or imprisonment in the county
jail for a period of not more than 90 days, or both, in the discretion of
the Judge.
