[HISTORY: Adopted by the Borough Council of the Borough of Haledon as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-13-1965 by Ord. No. 8-9-65A (Ch. 107 of the 1984 Code)]
The Borough Council finds as a fact that because of the state of development and the diffusion of the population throughout the entire Borough, the discharge of firearms within the territorial limits of the Borough constitutes a danger to persons and property.
It shall be unlawful to fire or discharge any firearms within the territorial limits of the Borough of Haledon.
Nothing contained in this article shall prevent the otherwise lawful firing or discharge of a firearm during the course of official duty by any of the persons enumerated in N.J.S.A. 2C:39-6.
Nothing contained in this article shall prevent any person from the firing or discharging of firearms lawfully possessed as a lawful incident to the necessary, proper and the lawful defense of persons or property.
[Amended 6-13-1984 by Ord. No. 5-9-84F]
Any person violating any of the provisions of this article shall, upon conviction, pay a fine of not more than $500 or suffer imprisonment in the county jail for a term not exceeding 30 days, or both, for each and every offense.
[Adopted 7-26-2007 by Ord. No. 6-21-2007]
As used in this article, the following terms shall have the meanings indicated:
- ANTIQUE FIREARM
- Any look-alike, nonfiring, collector replica of a firearm developed prior to 1898.
- Any individual who is under 18 years of age.
- TOY GUN
- Any imitation of any original firearm that has been manufactured, designed and produced since 1898, including water guns, replica non-guns, air-soft guns firing nonmetallic projectiles, and B-B, paintball, and pellet-firing air guns that expel a projectile through the force of air pressure, or any other object or device reasonably capable of being mistaken for a firearm. The term "toy gun" does not include any antique firearm as defined in this article.
No retail mercantile establishment located in the Borough shall sell, attempt to sell or offer for sale a toy gun to minors.
An employee of a retail mercantile establishment who sells any toy gun to a minor commits a violation of this article; except that the establishment by a preponderance of the evidence of all of the following facts by a person making the sale shall constitute an affirmative defense to any prosecution therefor:
That the purchaser falsely represented his/her age by producing a driver's license bearing a photograph of the licensee, or by producing a photographic identification card issued pursuant to N.J.S.A. 39:3-29.3, or by producing a similar card purporting to be a valid identification card indicating that he/she was 18 years of age or older; and
That the appearance of the purchaser was such that an ordinary prudent person would believe him to be 18 years of age or older; and
Any person or retail mercantile establishment violating any of the provisions of this article, upon conviction or a plea of guilty, shall be subject to a fine not exceeding $1,000 or imprisonment for a term not to exceed 90 days, or both, for each violation.